The long-awaited decision of the California Court of Appeals on the constitutionality of gay marriage followed much of the same pattern as the New York and Washington state decisions holding that the ban on gay marriage does not violate due process or equal protection and that the decision to make marriage available to same-sex couples is for the legislature.
The opinion provides a fine overview of how marriage legislation has evolved, including the development of domestic partner legislation. The opinion also fairly thoroughly explores all the major arguments and analyses that have been raised in the same-sex marriage constitutional challenges. The majority opinion examines the reasons for a rational basis standard of review on due process and equal protection challenges and the government interests advanced by the definition of marriage. The dissent advances a vigorous attack on the majorities reasoning and presents an entirely different framework of constitutional interpretation. Finally, the opinions provide a fascinating commentary by the judges on the role of courts in constitutional interpretation.
Visit the Family Law Professor Blog for an the entirety of its excellent overview (from which the above is taken), or read the court opinion itself.
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