|
 Calif. Supreme Court Urged To Strike Down Gay
Marriage Ban
by 365Gay.com Newscenter Staff
Posted: April 2, 2007 - 3:00 pm ET
(San Francisco, California) The California
Supreme Court was urged Monday to strike down as unconstitutional a law
that bars same-sex couples from marriage.
In a brief filed jointly by Lambda Legal, the
National Center for Lesbian Rights and the American Civil Liberties Union, on
behalf of 15 same-sex couples and California LGBT rights group Equality
California, the attorneys argue that California state law barring same-sex
couples from marriage discriminates based on sexual orientation and sex and
violates the fundamental right to marry.
The brief cites the California Constitution's
guarantees of privacy, intimate association, and due process.
"More same-sex couples live in California
than in any other state," said Shannon Minter, Legal Director of the
National Center for Lesbian Rights.
"Barring these committed couples from
marriage is harmful and unfair. A person's sexual orientation is
irrelevant to their ability to forge enduring human bonds and to create a
family. Marriage is a cherished legal protection, and it should be equally
available to all."
The California Supreme Court agreed to hear the
case after the California Court of Appeal reversed a decision by San Francisco
Superior Court Judge Richard A. Kramer finding that barring same-sex couples
from marriage unconstitutionally discriminates on the basis of sex and violates
the fundamental right to marry.
"We are hopeful that the California Supreme
Court will recognize that same-sex couples form committed relationships just
like straight couples and shouldn't be barred from the dignity and universal
recognition that comes with marriage," said Alex Cleghorn, a staff attorney
with the ACLU of Northern California.
"While domestic partnerships provide
families with some legal protections, the marriage ban is a painful reminder
that same-sex relationships are considered unworthy of marriage."
Lambda Legal Senior Counsel Jennifer C. Pizer
said that despite California's domestic partner law many lesbians and gay men in
partnerships throughout the state have found that without access to marriage
they and their families are still vulnerable under the law.
"Lesbian and gay couples in domestic
partnerships are constantly having to prove that their relationships are
entitled to legal protections and basic respect -- but because people don't
understand and fully respect domestic partnerships, couples face significant
hardships," said Pizer.
The 15 couples in the state have made life-long
commitments to each other, the attorney said.
Phyllis Lyon and Del Martin have been together
more than 50 years. Karen Shane and Judy Sokolower have been together more
than 30 years.
The couples come from throughout the state and
from all walks of life, with some working in business, some in education, and
others in health professions. Many are raising children together. Others
are retired.
The city of San Francisco also filed a brief
supporting same-sex marriage on Monday.
"We are asking the California Supreme Court
not only to assert the rights of equality and privacy uniquely enshrined in our
state Constitution, but to reassert the judiciary's rightful role in
interpreting it - something the appellate court failed to do," San
Francisco City Attorney Dennis Herrera said.
In 2005, the California Legislature passed AB 849
(Leno), the Religious Freedom and Civil Marriage Protection Act, which would
allow same-sex couples to marry in California.
The bill was vetoed by Gov. Arnold
Schwarzenegger.
A similar bill, AB 43 (Leno) was reintroduced in
December of last year and will be heard in committee later this month.
Schwarzenegger has warned that if it passes he will again veto it.
The state has 30 days to respond to the
arguments. No date has been set for oral arguments.
©365Gay.com 2007
|
Entertainment
