The California State Supreme court has declared that the ban on Gay Marriage is illegal.

http://www.courtinfo.ca.gov/opinions/doc uments/S147999.DOC

Here's a link to the NYT article discussing the decision:

SAN FRANCISCO (AP) -- The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry. The justices released the 4-3 decision Thursday, saying that domestic partnerships are not a good enough substitute for marriage in an opinion written by Chief Justice Ron George. The cases were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California and another gay rights group in March 2004 after the court halted San Francisco's monthlong same-sex wedding march that took place at Mayor Gavin Newsom's direction.