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The state must therefore have a compelling interest that supports its decision to refuse to recognize the exercise unoin this fundamental right by those who choose same-sex partners rather than opposite- sex partners. Superior Court ex rel. County of Maricopa, 77 P. The Court of Appeal held chat sex union same-sex couples did not have a fundamental constitutional right to marry, and that " the State has a legitimate interest in encouraging procreation and child-rearing within the marital relationship, and that limiting marriage to opposite-sex couples is rationally related to that interest.
California Statutesch. The domestic partnership laws were expanded and amended by Calif. Statutes c.
Woo v. Lockyer, No.
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City and County of San Francisco, 33 Cal. The California Supreme Court declared invalid the same-sex marriages that had been performed, because local officials were not authorized to act on their chat sex union non-judicial determination of unconstitutionality of the marriage statute's limitation to opposite-sex couples.
State of California, Case No. Assembly Bill 19, as introduced Dec. Superior Court, County of San Francisco, March 14,held that California statutes precluding same-sex marriage cgat the equal protection clause of the state constitution.
This holding was reversed by the Court of Appeal Oct. Smelt v. County of Orange C. June 16, : see supra under DOMA. Bernardo Heights Country Club, 36 Cal.
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Reversed by Appellate Division, Dec. A supplemental opinion, denying a motion to supplement the record, appears at 13 I.
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