California becomes second state to recognize same-sex marriage

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.

The Human Rights Campaign and the Human Rights Campaign Foundation signed onto an amicus or "friend of the court" brief in the consolidated cases to support and further explain the case for extending civil marriage rights to same-sex couples under the state constitution. A number of other civil rights organizations, religious groups, child welfare experts, law professors, family and legal historians and others also signed or filed briefs in favor of extending civil marriage laws to same-sex couples.