CALIFORNIA BECOMES SECOND STATE TO RECOGNIZE MARRIAGE EQUALITY FOR SAME-SEX

HRC Hails Landmark Decision As Latest Step Toward Full Equality

 
WASHINGTON - Today, the California Supreme Court reversed a lower court
decision and ruled that same-sex couples have the same right to marry as
opposite-sex couples under the state constitution.  The court ruled that it
is a violation of the state constitution to deny same-sex couples the right
to marry, and that providing rights to same-sex couples through a separate
system of domestic partnerships does not satisfy the state constitution.

"This is a historic day for the state of California, and a long-awaited day
for the plaintiffs in this case and their families," said Human Rights
Campaign President Joe Solmonese.  "The California Supreme Court has made
clear that same-sex couples in committed relationships and their families
deserve the same level of respect afforded to opposite-sex couples.  The
court did its job by ensuring that the state constitution provides the same
rights and protections for everyone.  This is a decision that strengthens
California families."  

Solmonese continued, "We congratulate and commend the National Center for
Lesbian Rights, Lambda Legal, the ACLU, Heller Ehrman, the Law Office of
David C. Codell, Equality California, Our Family Coalition and, of course,
the courageous plaintiff couples and their families who looked to the courts
to defend their rights."

The court's decision involved several consolidated cases, collectively
referred to as In re Marriage Cases.  The cases were filed in 2004.  In
March 2005, a state trial court ruled that, under the state constitution,
same-sex couples must be permitted to marry.  In October 2006, the
California Court of Appeal reversed the trial court in a 2-1 decision.  The
California Supreme Court's decision today overrules the Court of Appeal's
decision. 

A growing number of states are providing relationship recognition to
same-sex couples.  California joins Massachusetts to become the second state
to recognize civil marriage for same-sex couples.  Five other states provide
same-sex couples with access to all the state level benefits and
responsibilities of marriage, either through civil unions or domestic
partnerships.  Three other states and Washington, D.C. provide same-sex
couples with at least some of the basic benefits and protections made
available to married heterosexual couples.  However, because of the
so-called Defense of Marriage Act, same-sex couples do not receive federal
rights and benefits in any state.

Key results from the ruling:

*        Same-sex couples in California will now be able to obtain a civil
marriage license and receive the same respect and protections afforded to
all married couples.
*        Churches and other religious institutions will not have to recognize
or perform ceremonies for these civil marriages. This ruling is not about
religion; it's about the civil responsibilities and protections afforded
through a government-issued civil marriage license.
*        The court's decision does not entitle same-sex couples in California
to receive the federal rights and benefits extended to married couples.  The
so-called federal Defense of Marriage Act discriminates against same-sex
married couples by denying them over 1,000 federal rights and benefits,
including social security benefits, the ability to file a joint federal tax
return, and the right to petition for a spouse to immigrate.
*        Other states may legally recognize the civil marriages of same-sex
couples performed in California in the same way they recognize out-of-state
marriages by different-sex couples.
*        The court's decision today does not change the law in any other
state, or federal law.