California Supreme Court Holds Same-Sex Marriage Ban Unconstitutional

In a 4-3 decision, the court held that allowing only opposite-sex couples to marry unjustly denies gay and lesbian people a fundamental right. The court's ruling goes into effect in 30 days. Opponents have prepared a referendum that will be on the ballot in November amending the California constitution to overturn the ruling. They are also asking the court to stay its ruling until then.

"...(R)etaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise - now emphatically rejected by this state - that gay individuals and same-sex couples are in some respects "second-class citizens" who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples," the opinion authored by Chief Justice Ronald M. George said.

"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."

"Separate and distinct designation" means "separate but equal".  Whether or not it's overturned by the referendum, this is the correct decision. (Of course, given this year's presidential race, it is likely that turnout will be so high that it will doom the referendum.) Pdf of the 172-page decision here.