From In These Times
By Hans Johnson

Refusing to be boxed in by election-year timidity or political threats from the religious right, a majority of the California Supreme Court ruled May 15 that same-sex couples have an equal right to civil marriage in the state. The judgment stands on a sturdy foundation of precedents involving equal protection of the law. Its reasoning and force rebut a far-right charge that has cowed other courts despite being perfectly backward.

In a ruling that the state will not appeal, California’s highest court ordered officials to begin granting marriage licenses to same-sex couples June 15. The clarity of the ruling is a reminder that people outside the ranks of a social movement can sometimes best articulate its progress.

“In contrast to earlier times,” wrote Chief Justice Ronald George, “our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation.”

Sixty years ago, against a steep and contrary bent of public opinion, the same court upheld the right of a Mexican American woman, Andrea Perez, to marry her African-American sweetheart, Sylvester Davis, in Los Angeles. It took two decades for the U.S. Supreme Court to finally follow California’s lead and nix all such bans on interracial marriages.

Read more California