The Hawaii Supreme Court has become the first in the country to rule that a state may not be able to prohibit gays from marrying. The decision gives broad protection under the state's constitution to homosexuals.

The court said any state regulation that sets up limits based on sex can be defended only if the state shows it has "compelling" reasons. That is the toughest legal test for a state to meet and traditionally has required it to prove that public safety is at stake.

The ruling Wednesday, which lawyers on both sides of the case describe as "groundbreaking," marked the second time in the past year that state courts have found protection for gays in state constitutions. In September, the Kentucky Supreme Court safeguarded privacy rights for homosexuals by striking down an anti-sodomy law.

The rulings illustrate how activists on a range of issues often turn to state courts for vindication. Many state constitutions offer broader protections for individual rights than the federal Constitution.

The ruling reinstated a lawsuit by three Honolulu-area homosexual couples, who were denied marriage licenses.

The court ruled that under the state constitution's guarantee of equal protection of the laws any sex-based classification is "suspect," putting it in a special category traditionally reserved for regulations that make distinctions based on race.
