California's top court to review gay marriage ban

California's top court to review gay marriage ban
Wed Dec 20, 5:35 PM ET
California's highest court said on Wednesday it would consider a lawsuit challenging the state's ban on same-sex marriages, a legal fight stemming from marriage licenses granted to homosexual couples two years ago by San Francisco Mayor Gavin Newsom.
A California appeals court in October upheld the state's voter-approved ban, which gay activists said they would appeal. Legal experts had expected the California Supreme Court to accept petitions to review the decision.
Newsom defied the state's ban by issuing marriage licenses to same-sex couples, a move that triggered an intense national debate over whether gays should be allowed marry.
Since then California's Democrat-led legislature has sided with gay activists, approving legislation to permit same-sex nuptials. Republican Gov. Arnold Schwarzenegger vetoed the legislation, saying the issue should be left to voters or the courts.
The state's voters in 2000 approved a ballot measure defining marriage as the union of a man and woman. But domestic partnership legislation since then has afforded gay couples in California many of the same privileges enjoyed by married couples.
New Jersey lawmakers last week approved same-sex civil unions, giving gay and lesbian couples the same rights as married partners without allowing the relationships to be called "marriage."
Only Massachusetts has legalized marriage between same-sex partners.
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