There is an interesting contention at work here that says society has no right to discriminate (the word itself is now pejorative) between any human beings for any reason. Which is a horrifying idea if you think about it; that we should all be lumped together in one mass and the hierarchical structure which is the skeleton of society should be removed. Shakespeare put it another way, untune that string and what discord follows. More disturbing still, is that if this decision stands, it is likely a polygamy challenge will follow.

New Duranty: The California Supreme Court, striking down two state laws that had limited marriages to unions between a man and a woman, ruled on Thursday that same-sex couples have a constitutional right to marry.

The 4-to-3 decision, drawing on a ruling 60 years ago that struck down a state ban on interracial marriage, would make California the second state, after Massachusetts, to allow same-sex marriages.

The decision, which becomes effective in 30 days unless the court grants a stay, was greeted with celebrations at San Francisco City Hall, where thousands of same-sex marriages were thrown out by the courts four years ago.

It was denounced by religious and conservative groups that promised to support an initiative proposed for the November ballot that would amend the California Constitution to ban same-sex marriages and overturn the decision...

“In view of the substance and significance of the fundamental constitutional right to form a family relationship,” Chief Justice George wrote, “the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.”...

“The court was wrong from top to bottom on this one,” said Maggie Gallagher, president of the National Organization for Marriage. “The court brushed aside the entire history and meaning of marriage in our tradition.” ...

Here is Maggie Gallagher's article on the subject.