Update from Hearing on Constitutionality of California Marriage Law

Final Update from Hearing on Constitutionality of California Marriage Law

December 23, 2004
5:00 p.m.

Legal argument has just ended in the historic litigation challenging California’s discriminatory marriage laws brought by 12 couples, Equality California and our Families Coalition. Lead counsel Shannon Minter, Legal Director for the National Center for Lesbian Rights, urged the Court to put an end to the irrational and discriminatory exclusion of lesbian and gay couples from civil marriage.

Attorneys for the State of California continued to rely entirely on “tradition” as a reason to justify discrimination and noted that gays and lesbians can get married, just not to their partners. Anti-gay organizations persisted in their claims that procreation is the purpose of marriage, something not supported by evidence and a policy already rejected by the State of California when it enacted AB205, California’s new domestic partnership law.

The Judge requested final written submissions by January 14, 2005 and has 90 days from January 14, 2005 to issue his ruling. The Judge noted the importance of this issue and stated that he intended to issue his decision in an expedited manner.

National Center for Lesbian Rights did an incredible job in this case as lead counsel; our community is so very fortunate to have them litigating for us. Having read the briefs and listened to the presentation and rebuttal by NCLR Legal Director Shannon Minter, I am convinced that we will be victorious in this litigation and that marriage equality will be a reality here in California. As a community, we are in excellent hands and lucky to have NCLR arguing on our behalf. We also greatly appreciate all the work by co-counsel in this case: ACLU, Law Office of David Codell, Heller Ehrman, LLP, Lambda Legal and Steefel Levitt & Weiss.

Thank you to each of you for all you have done to support us during this critical time.

Happy Holidays!

Warmly,

Geoffrey Kors
Executive Director


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