Thu Feb 7 2008 (Updated 02/29/08)
Same-Sex Couples To Ask California Supreme Court to End Marriage Ban
The California Supreme
Court will hear oral arguments on Tuesday, March 4th in
the marriage cases that are challenging the exclusion of same-sex couples from
marriage. Fifteen same-sex couples, Equality California, and Our Family
Coalition will be represented at oral arguments by Shannon Price
Minter, Legal Director of the National Center for Lesbian Rights,
which is serving as co-counsel with Lambda Legal, the American Civil
Liberties Union, Heller Ehrman LLP, and the Law Office of David C.
Codell.
The marriage cases were filed in March of 2004. San Francisco Superior Court Judge Richard A. Kramer ruled that the exclusion of same-sex couples from marriage violates the California Constitution. In a 2-1 vote, the California Court of Appeal reversed Judge Kramer's ruling. Shortly after the Court of Appeal's decision, the California Supreme Court granted review of the cases in order to consider the constitutional questions itself. Governor Arnold Schwarzenegger highlighted that the California Supreme Court should decide the constitutional questions posed by the marriage statutes when he vetoed two measures passed by the California Legislature in 2005 and 2007 that would have permitted same-sex couples to marry.
The California Supreme Court typically issues its decisions within 90 days following oral arguments. 2008 marks the 60th anniversary of the California Supreme Court's historic 1948 ruling that found it unconstitutional for the state to restrict access to marriage based on the race of the spouses. That ruling was the first of its kind in the nation's history, and is now the law of the land across the country. Several national and statewide organizations have urged the court to apply the reasoning from its 1948 decision to the current marriage cases.
Press releases from NCLR and EQCA | Sign an open letter to the Governor on marriage | Some of Indybay's Past Same-Sex Marriage Coverage: Valentine’s Day 2007 in Fresno || 2006: Beyond Same-Sex Marriage: “Yes!” to Caring Civil Society || 7/9/2006: California Court of Appeal Hears Landmark Same-Sex Marriage Case || 9/2005: California Governor Vetoes Marriage Equality Bill || 5/2005: Marriage Equality Loses in California State Assembly || 3/2005: SF Superior Court Says Same-Sex Marriage Could be Legal in California || 2/2005: Freedom to Marry Month || 12/2004: California's Ban on Gay Marriage Has Its Day in Court || 8/2004: Does Marriage Protect or Control? || 8/2004: Summer of Love 2004 Rally to Defend Same-Sex Marriage || 5/2004: SF Same-Sex Marriage Verdict: Illegal || 3/2004: State Supreme Court Halts Same-Sex Marriages for Review || 3/2004: As Same-Sex Marriages Spread, Controversy Grows || 2/2004: SF Issues Over 3000 Same-Sex Marriage Licenses || 2/18/2004: SF Issues Over 2000 Same-Sex Marriage Licenses
