A court in San Francisco will allow Sharon Smith, the lesbian partner of a woman mauled to death by her neighbour's dogs to file a wrongful-death suit even though she is not a "surviving spouse" under California law.

Gay activists consider this a landmark case as under California law, only surviving spouses or other relatives can bring wrongful-death claims.

Superior Court Judge A. James Robertson II said that because state law does not allow gay couples to marry, the surviving-spouse rule should not apply to same-sex couples.

The judge agreed with Smith's attorney that the rule violates the equal protection clause of the California Constitution, according to the Associated Press (AP).

"This is a remarkable day. This is the first decision of this kind, not just in California but anywhere in the country," the AP quotes Smith's attorney, Shannon Minter of the National Centre for Lesbian Rights. "It's a tremendous victory for lesbian and gay people in the United States."

Smith sued the caretakers of two large Canary Island dogs that killed her partner, Diane Whipple, on January 26 in her apartment hallway.

Husband-and-wife lawyers, Robert Noel and Marjorie Knoller currently remain behind bars on charges related to the fatal attack. Knoller faces charges of second-degree murder, manslaughter and keeping a mischievous animal, while her husband was indicted on charges of involuntary manslaughter and keeping a mischievous animal.