In Split Decision, California Supreme Court Holds that State’s Ban on Gay Marriage is Unconstitutional; Concurring and Dissenting Opinions Conclude that Legality of Same Sex Marriages is a Legislative rather than Judicial Matter
While the six cases consolidated for argument before the California Supreme Court were not class action lawsuits, the author has received numerous inquiries from attorneys, both from within the State of California and from sister states, inquiring into the status of the California Supreme Court decision in the same sex marriage cases. Accordingly, while the decision does not arise out of a class action, the author notes that today the Supreme Court issued its opinion and, by a 4-3 vote, struck down California’s ban on same sex marriages as unconstitutional. In re Marriage Cases, ___ Cal.4th ___ (Cal. May 15, 2008). Chief Justice George wrote the majority opinion, joined by Justices Kennard (who also penned a short concurring opinion), Werdegar and Moreno. Two concurring and dissenting opinions were filed: one by Justice Baxter, joined by Justice Chin, and one by Justice Corrigan. The court’s opinions may be found below. The file is large, so please be patient.