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The California Supreme Court's decision to legalise same-sex marriage in the state takes effect Tuesday, returning one of the most contentious social issues in US politics to the spotlight in the midst of a presidential election campaign.
California's new law has no residency requirement, meaning couples from all over the country will be able to marry there. Presently, more than half of the US states have constitutional amendments specifically banning gay marriage. Massachusetts is the only state that currently grants gay marriage licenses, but only does so for its own residents.
Yet an initiative that would again outlaw gay marriage in the state has already qualified for the November ballot, and it will be up to the voters of California to decide if the law stays in effect past 2008. An organisation opposed to the new law is expected to spend at least $10 million in support of a measure that would amend the state constitution to define marriage as a union between a man and a woman.
Californians are undecided. A Field poll last week reported that 51% of Californians support gay marriage while 42% oppose it. Many remain uncomfortable with broadening the definition of marriage; an LA Times poll showed 54% wanted to define marriage as a union between a man and a woman. This suggests whichever side succeeds in best framing the debate will be victorious.
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