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Calif. court strikes down gay marriage

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Published: Oct. 5, 2006 at 9:23 PM

SAN FRANCISCO, Oct. 5 (UPI) -- A California appeals court ruled 2-1 Thursday that gays and lesbians have no constitutional right to marry.

The finding reverses a lower court decision, the San Francisco Chronicle reported. The case is expected to reach the state Supreme Court next year.

"The Legislature and the voters of this state have determined that 'marriage' in California is an institution reserved for opposite-sex couples, and it makes no difference whether we agree with their reasoning," Presiding Justice William McGuiness said.

McGuiness said California's domestic partnership law gives same-sex couples most of the privileges available with marriage.

Justice Anthony Kline, who cast the dissenting vote, compared the current law to California's ban on interracial marriage, which was struck down by the state Supreme Court in 1948.

San Francisco City Attorney Dennis Herrera called the ruling "a disappointing second-round decision in what we've always known to be a three-round fight."

Topics: Dennis Herrera
© 2006 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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