California Court Supports Ban on Gay Marriage

In a blow to the movement by gays and lesbians to legalize gay marriages, a state appeals court ruled Thursday that California’s ban on gay marriage does not violate the constitutional rights of gays and lesbians. High courts in Washington state and New York have upheld similar bans.

In the ruling, which reverses a March 2005 ruling of a San Francisco trial judge, the 1st District Court of Appeal agreed with the attorney general of the state, who said that it is the job of the Legislature—not the courts—to change the traditional definition of marriage, which has always been a union between a man and a woman.

"We conclude California's historical definition of marriage does not deprive individuals of a vested fundamental right or discriminate against a suspect class," the court said in their 128-page ruling. "The time may come when California chooses to expand the definition of marriage to encompass same-sex unions. That change must come from democratic processes, however, not by judicial fiat."

The ruling noted that the state’s ban on same-sex marriage cannot be considered discriminatory because of California’s strong domestic partner law, which gives registered couples most of the same rights as married spouses in California. However, Thursday’s ruling will not end the debate over same-sex marriages in California. Advocates of gay marriage have said that they would appeal to the California Supreme Court if the appeals court did not decide in their favor.

Molly McKay, a spokeswoman for Marriage Equality USA, told reporters, "Although we are disappointed, we always knew this issue was going to be decided by the California Supreme Court. We believe that the California Supreme Court will enforce the constitutional guarantee of equality under the law and strike down the discriminatory barriers denying same-sex couples access to civil marriage."

The issue of same-sex marriages has been debated more heatedly in California than any other state. Last March, San Francisco Superior Court Judge Richard Kramer ruled that the state’s existing marriage laws violated the civil rights of gays and lesbians by denying them "the basic human right to marry a person of one’s choice," and said that the laws discriminated on the basis of gender and sexual orientation. Kramer’s decision led to the Legislature becoming the first lawmaking body in the nation to legalize gay marriage. But Gov. Arnold Schwarzenegger vetoed the bill, saying that it is up to the courts or the voters to settle the issue, not lawmakers.