Marriage Equality Comes to California

The California Supreme Court ruled on May 15, 2008 that the California legislative and initiative measures limiting marriage to opposite-sex couples violates the state constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying.

The court concluded that permitting opposite-sex couples to marry while affording same-sex couples access only to the novel and less-recognized status of domestic partnership improperly infringes a same-sex couple's constitutional rights to marry and to the equal protection of the laws as guaranteed by the California Constitution.

The decision directs state officials who supervise the enforcement of the state's marriage laws to ensure that local officials comply with the court's ruling and permit same-sex couples to marry. The decision becomes final in 30 days unless that period is extended by court order.

This decision was led by the efforts of the National Center for Lesbian Rights, Equality California, American Civil Liberties Union, the City of San Francisco, and Marriage Equality USA. This decision was influenced by the efforts of many other organizations. The Lighthouse Community Center submitted a friend of the court brief on behalf of the plaintiffs. We have sponsored a forum and have supported the efforts for marriage equality on numerous occasions.

While we should celebrate this momentous victory, the fight is not over. Opponents of marriage equality have filed a ballot measure to make it illegal for same-sex couples to marry in the form of a constitutional amendment. State authorities are currently validating signatures. It is expected that this measure will appear on the November ballot. We have to work hard to make sure this measure does not pass.