California's gay marriage ban unconstitutional

I had to get some work done on my car today, which gave me a chance to finish Eric Alterman's What Liberal Media?, which I highly recommend.

Anyway, I was hoping to gauge reaction from FOX News' announcement that a California judge had ruled that the state's ban on gay marriage was unconstitutional, but there wasn't much. That means that either they didn't care all that much, or they simply weren't paying attention. I'm going to go with the later.

Here's the story, from CNN:

In the eagerly awaited opinion likely to be appealed to the state's highest court, San Francisco County Superior Court Judge Richard Kramer said that withholding marriage licenses from gays and lesbians is unconstitutional.

"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," Kramer wrote.

The judge wrote that the state's historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.

"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," Kramer wrote.