EQCA reports from same-sex marriage court date today; more tomorrow

Live Update from Court Hearing on Constitutionality of California Marriage Law


December 22, 2004
12:30 p.m.

Dear Supporter ,

I just left the courtroom where the hearing is being held in the lawsuit brought by Equality California, twelve couples and Our Families Coalition challenging the constitutionality of California's discriminatory marriage laws. The hearing began at 9:30 a.m. and is expected to continue through the end of today -- and perhaps into tomorrow. But I wanted to write to you as soon as ?I left the court to give you this update:

The hearing began at 9:30 a.m. with Judge Richard Kramer's opening comments. He noted that since there was no dispute as to the facts, this case would be decided as a matter of law. He also observed that while both sides viewed marriage as a very special institution, one side was seeking to exclude a group of people and the other side wanted to include a group currently being excluded.

Shannon Minter, Legal Director at the National Center for Lesbian Rights, then presented brilliant arguments on behalf of Equality California and the twelve couple, whom he represents. Terry Stewart of the City Attorney's office was up next and presented compelling arguments on behalf of the City of San Francisco as to why the current marriage laws are unconstitutional.

The court then broke for its noon recess.

This afternoon, Judge Kramer will hear arguments from the attorneys representing the two ultraconservative ant-equality organizations seeking to prevent same-sex marriage in California.

I will continue to keep you updated as developments occur.

Thank you for your continued support.

Warmly,

Molly McKay
Associate Director
Equality California

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Live Update No. 2 from Hearing on Constitutionality of California Marriage Law


December 22, 2004
5:15 p.m.

Dear Supporter ,

The hearing on the challenge to California’s discriminatory marriage laws by 12 couples, Equality California and Our Families Coalition continued this afternoon. After the truly inspired presentations by National Center for Lesbian Rights legal director Shannon Minter and San Terry Stewart from the San Francisco City Attorney’s Office, attorneys for the State of California and ultra conservative organizations argued that the equal protection clause did not apply to lesbian and gay couples.

The Attorney General argued that tradition alone was a sufficient basis for denying lesbian and gay couples the right to marry. This point was refuted by Minter, who pointed out that if tradition alone was a basis for allowing discriminatory laws to stand, courts would not have struck down laws prohibiting interracial marriage. The Attorney General acknowledged that lesbian and gay couples live in long term committed relationships and are raising children in productive, stable families just as heterosexual couples are.

The end of the day was dominated by the presentation from ultra conservative anti-equality organizations arguing that “natural law” and procreation were the sole reasons for marriage and therefore the state could discriminate against lesbian and gay couples. Their presentation will resume tomorrow morning at 9:30 a.m.

We will continue to update you on the progress.

Thank you for your continued support.

Warmly,

Geoffrey Kors
Executive Director