(San Francisco, California) Hundreds of cheering gays and lesbians marched through the Castro Monday night celebrating a court ruling that declared California's ban on same-sex marriage unconstitutional.

Some waved rainbow flags, others held up their marriage licenses. Couples held hands, others carried their small children.

In West Hollywood hundreds of people crammed into the Abby for a celebration party. A wedding cake was cut symbolizing what gays hope is the first step toward marriage.

Gays began arriving at San Francisco city hall shortly after the written ruling was handed down.

County Superior Court Judge Richard Kramer in his ruling said that there is "no rational purpose" in denying gays and lesbians the right to marry. (story)

"The denial of marriage to same-sex couples appears impermissibly arbitrary," Kramer's ruling said. "Simply put, same-sex marriage cannot be prohibited solely because California has always done so."

His judgment went on to say that California's domestic partner law without the ability to marry was insufficient likening it to segregation.

Kramer 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.

He also cited a 1948 decision that struck down California's ban on interracial marriages.

Kramer then turned to the arguments made by two conservative groups that gays cannot marry because they cannot procreate.

“One does not have to be married in order to procreate, nor does one have to procreate in order to be married,” Kramer wrote. “Thus, no legitimate state interest to justify the preclusion of same-sex marriage can be found.”

Last February San Francisco mayor Gavin Newsom began allowing marriage licenses to be issued to same-sex couples. (story)

More than 4,000 gay and lesbian couples were married before the California Supreme Court ruled that Newsom had exceeded his power in granting the licenses. (story) But, the court did not take up the issue of gay marriage itself, saying court cases challenging the constitutionality on the state law should work their way through the lower courts first.

At a hastily arranged news conference Newsom was surrounded by same-sex couples who had launched the suit.

"This is an important day but hardly is this effort complete," Newsom told reporters. "It is inevitable there will be an appeal."

Kramer was also prepared for an appeal. He stayed the execution of his judgment for 60 days to allow California Attorney General Bill Lockyer and lawyers for two conservative groups to file their appeal notices.

"This is just the first phase of a legal challenge." Gov. Arnold Schwarzenegger told MSNBC. "This will probably go to the Supreme Court in California."

But, Monday night, in the streets of San Francisco there was hope that the long battle may be coming towards its conclusion.

Earlier this month the Washington state Supreme Court heard arguments in another constitutional challenge to barring same-sex marriage. (story)

In New York State the Court of Appeals, the state's highest court, is about to take up the issue of gay marriage following last month's ruling by a judge in New York City that it is unconstitutional to deny same-sex couples the right to marry. (story)

This entry was posted on Monday, March 14, 2005 at 9:10 PM. Want to discuss? Leave a comment below.