Here’s the decision.
Decision is by Judge Stephen Reinhardt who is “one of the most-reversed judges before the Supreme Court“.
He just handed the Republicans a campaign issue. They can make the case that unelected judges should not be resolving issues which the constitution entrusted to legislators — and the people themselves.
UPDATE: I apologize for this sparse post on a very important topic. A lot of things on my plate this week. Let me just summarize my basic views which should be clear from my posts on gay marriage: I’m happy for the couples who can now seek the benefits of state sanction of their unions, but am concerned that we’re now turning to courts to resolve all manner of social issues.
This is not an issue of couples being able to live openly and call themselves married, but of the state recognizing their unions.
I would have different views on the constitutionality issue if states, like Virginia prior to Loving, were preventing gay couples from living openly within their jurisdiction. Recall that the the loving couple in that case had three choices (1) leave Virginia; (2) get a divorce or (3) go to jail. The couples in the current case could all still live openly in California — and even seek state recognition of their unions as domestic partnerships.