As the concerns over interracial marriage failed in stoping marriage between people of different colors, so too will the bigotry and fears associated with the reichwinger's attempt at stopping same sex marriage.
In a victory for gay rights groups, a California Superior Court judge ruled on Monday that the state's voter-approved ban on homosexual marriage is unconstitutional....
"The denial of marriage to same-sex couples appears impermissibly arbitrary," wrote San Francisco Superior Court Judge Richard Kramer. "Simply put, same-sex marriage cannot be prohibited solely because California has always done so."
Referring to California legal code, Kramer added: "This court concludes that both sections are unconstitutional under the California Constitution."
In his ruling, the judge said creating benefits for same-sex couples without allowing marriage was insufficient and referred to the landmark 1952 Brown v. Board of Education civil rights decision. "The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal," he wrote.
The judge's tentative decision also cites a 1948 decision striking down California's ban on interracial marriages.