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In a tentative decision Monday, San Francisco Superior Court Judge Richard Kramer declared the state laws limiting marriage to a man and a woman unconstitutional. Legal groups opposed to gay marriage say they'll attack the judge's strict-scrutiny analysis of California marriage laws on appeal. Neither a marriage law enacted by legislators nor another passed by voters meets constitutional muster under the strict-scrutiny test Kramer says should apply, nor would it under a less stringent rational-basis test.
March 15, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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