Lambda Legal

Summary

In 2004, the supreme courtState Supreme Court  The highest state court in the state court system (more keywords) of California orderedOrder  A command, direction or instruction by a court or judge (more keywords) the city and county of San Francisco to stop issuing marriage licenses to same-sex couples and said that legal action could proceed about whether California’s restriction of marriage to different-sex couples violates the state’s constitution. Lambda Legal, the National Center of Lesbian Rights and the ACLU promptly filed a lawsuit against the state to win the right to marry for same-sex couples throughout California. The case has moved through the California court system and is currently under review by the California Supreme Court.

Context

California’s constitution guarantees equality, liberty and privacy for all state residents. In 2005, the California LegislatureLegislature  The federal or state branch of government responsible for enacting laws (more keywords) passed the Religious Freedom and Civil Marriage Protection Act, which would have ensured equal treatment under the law by allowing same-sex couples to marry in California. Governor Schwarzenegger vetoed the bill. The California Legislature passed the bill again in 2007 by an even wider margin, despite Governor Schwarzenegger’s threat to veto it again.

Lambda Legal's Impact

Although California is already one of a handful of states with comprehensive protections for same-sex couples, this case if successful will give couples all of the rights, benefits and obligations of marriage under state law, along with the equal dignity that comes with the word itself. Because more gay and lesbian couples make their home in California than in any other state, winning complete legal equality for same-sex couples in the Golden State will provide secure legal protection and equal respect to many thousands of law-abiding, tax-paying families. It also will help show the rest of the country that ending discrimination against gay and lesbian families has only positive effects.

History

• February 2004 Officials of the city and county of San Francisco conclude it violates the California Constitution to withhold marriage licenses from same-sex couples; from mid-February to mid-March, San Francisco issues licenses and performs marriages for roughly 4,000 same-sex couples.
• February 2004 Conservative religious legal groups file two lawsuits against San Francisco demanding court orders to stop the marriages; Lambda Legal, the National Center for Lesbian Rights and the ACLU are given permission to join those cases on behalf of same-sex couples who wish to marry and Equality California.
• February 2004 Gay activists Robin Tyler and Troy Perry and their respective life partners sue Los Angeles County demanding marriage licenses; we are given permission to intervene in this case on behalf of Equality California.
• March 2004 The California Supreme Court orders San Francisco to stop issuing marriage licenses to same-sex couples until it has been decided in court whether the state constitution guarantees lesbian and gay couples’ right to marry as it does for heterosexual couples. Lambda Legal and cocounsel immediately file our own lawsuit against the state seeking the right of same-sex couples to marry throughout California.
• June 2004 The California Judicial Council orders that the six active cases in the state courts concerning marriage for same-sex couples be gathered into one judicial proceeding in the trial courtTrial Court  Court that hears the original arguments in a case, may include a jury (more keywords) in San Francisco; along with cocounsel, we are participating in four of those cases.
• August 2004 The California Supreme Court invalidates the marriages of the thousands of same-sex couples who had married in San Francisco, without resolving the question in our main case: whether the California Constitution guarantees same-sex couples an equal right to marry.
• March 2005 In a historic ruling, the California state trial court says that, under the state’s constitution, lesbian and gay couples must be allowed to marry.
• November 2005 Lambda Legal, NCLR and ACLU file briefsBrief  A written legal argument submitted to the court(more keywords) in the California Court of Appeal urging the court to uphold lower court’s ruling.
• July 2006 Oral arguments made before California Court of Appeals.
• October 2006 In a 2–1 decision, California Court of Appeal rules that California may continue to bar same-same couples from marriage.
• November 2006 PetitionsPetition  Formal written request to a court for an order (command, direction or instruction) of the court (more keywords) are filed asking California Supreme Court to reverse the Court of Appeal decision.
• December 2006 The California Supreme Court unanimously agrees to review the intermediate appellate decision.
• April – August 2007  Lambda Legal, NCLR and the ACLU file multiple briefs explaining why denying lesbian and gay couples the freedom to marry is unconstitutional. We also file a supplemental brief requested by the California Supreme Court addressing four additional questions. In addition, we reply to the briefs filed by the state and the conservative religious legal groups on these questions. 
• September 2007  A broad array of mainstream civil rights, religious, community and professional groups, along with leading legal scholars and bar associations, plus California’s largest cities and many others file an unprecedented 30 friend-of-the-court briefs on behalf of more than 500 organizations supporting marriage equality.