Civil Rights

Most recently, CWL joined an amicus brief filed in the In re Marriage Cases (Cal. Sup. Ct. No. S147999), currently pending in the California Supreme Court. That case arises from the decision of the City and County of San Francisco to issue marriage licenses to same-sex couples. Several litigations arose, with the proponents of same-sex marriage winning many of the early battles. The Court of Appeal in San Francisco, however, reversed and held that the State of California’s definition of marriage as between a man and woman was constitutional.

In a two to one decision, the majority concluded that the State’s prohibition on same-sex marriage did not trigger “strict scrutiny” and was constitutional under the “rational basis” standard of review. In December 2006, the California Supreme Court agreed to review the case. The amicus brief CWL joined supports the proponents of overturning the ban on same-sex marriage.

The brief argues that the State’s gender-specific definition of marriage is unconstitutional even under the less rigorous “rational basis” standard of review because it does not rationally serve the public welfare. The amicus brief argues that the very same public policies underlying California’s Domestic Partner Act similarly demonstrate that permitting same-sex marriage would enhance – not undermine – the public welfare. The California Supreme Court heard oral argument on March 4, 2008, and the Court is expected to issue its decision in June 2008. CWL is actively monitoring this ground-breaking case, which could extend the fundamental right of marriage to all California citizens.