Judge Rules California Same-Sex Marriage Ban Unconstitutional

San Francisco Superior Court Judge Richard Kramer has found that California's law defining marriage to between one woman and one man to be unconstitutional.

The ruling will surely be appealed, with the state Supreme Court making the final decision.

Quoth SF Gate:

In his 27-page decision, Kramer – an appointee of former Gov. Pete Wilson, a Republican – said the state's ban on same-sex marriage violates "the basic human right to marry the person of one's choice," and has no rational justification.

Rejecting California Attorney General Bill Lockyer's argument that California is entitled to maintain the traditional definition of marriage, Kramer said the same explanation was offered for the state's ban on interracial marriage, which was struck down by the state Supreme Court in 1948.

The judge also rejected arguments by opponents of same-sex marriage that the current law promotes procreation and child-rearing by a husband and wife. "One does not have to be married in order to procreate, nor does one have to procreate in order to marry," Kramer said.

Same-sex marriage is legal in Massachusetts. Similar court decisions are being reviewed in the states of New York and Washington.

(via Patti Beadles)