Flaming Fairy

The state's Supreme Court said the "right to form a family relationship" applied to all Californians regardless of sexuality.

The ban was approved by voters in 2000 but challenged by gay rights activists and the city of San Francisco.

The state legislature twice passed laws to legalise gay marriage, but Governor Arnold Schwarzenegger vetoed them.

He said California's court system should rule on the matter.

The seven-judge panel voted 4-3 in favour of the plaintiffs who argued that the 2000 law was discriminatory.

"Limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute," California Chief Justice Ron George said in the written opinion.