California Marriage Case (In re Marriage Cases)

The ACLU, Lambda Legal, Heller Ehrman LLP, the Law Office of David Codell, and lead counsel National Center for Lesbian Rights (NCLR) are representing Equality California, Our Family Coalition and a group of committed gay and lesbian couples. We are arguing that the ban on same-sex marriage violates the state constitution.

The California Supreme Court heard oral arguments in the case on March 4. The Supreme Court typically issues its decisions within 90 days following oral arguments.

The marriage case is among the most heavily briefed case in the history of the court. Late last year, more than 20 counties and municipalities filed a friend-of-the court brief in support of marriage for same-sex couples, including some of the most populous cities in California: Los Angeles, San Diego, San Jose, Long Beach, Sacramento, and Oakland.

Also registering their support for marriage equality were numerous legal and bar associations, including the Los Angeles County Bar Association. In addition, many of the state’s leading constitutional law scholars and family law professors filed briefs urging the court to permit same-sex couples to marry.

Scores of religious and civil rights leaders and organizations, including the California NAACP, Mexican American Legal Defense and Educational Fund, California Council of Churches, Asian Pacific American Legal Center, and National Black Justice Coalition either filed or signed onto briefs supporting same-sex couples seeking the right to marry.

History of the Marriage Cases:

After the California Supreme Court ordered San Francisco Mayor Gavin Newsom to stop issuing marriage licenses to same-sex couples in 2004, the ACLU and co-counsel filed our case, which became consolidated with other cases into In re Marriage Cases. 

On March 14, 2005, San Francisco Superior Court Judge Richard Kramer ruled that it was unconstitutional to deny same-sex couples the ability to marry because it violated California’s equal protection guarantees and the fundamental right to marry. The state appealed that decision to the California Court of Appeal.

The ACLU and co-counsel urged the Court of Appeal to agree with the lower court decision, but the Court of Appeal found that California could deny same-sex couples the ability to marry.

View the timeline on the marriage cases for more information.

LEGAL DOCUMENTS

California Supreme Court
Answer to Amicus Curiae Briefs (Nov. 13, 2007)

Supplemental Reply Brief (Aug. 31, 2007)

Reply Brief on the Merits (Aug. 17,2007)

Answer Brief on Justiciability (Jun. 14, 2007)

Supplemental Brief (Aug. 17,2007)

Opening Brief on the Merits (Apr. 2, 2007)


California Court of Appeal, First District (Consolidated In re Marriage Case)
CA Court of Appeal Decision (Oct. 5, 2006)

Respondents' Answering Brief (Nov. 10, 2005)

Petition for Review in CA Supreme Court (Nov. 14, 2006)


San Francisco County Superior Court (Woo v. Lockyer)
Superior Court Decision (Mar. 14, 2008)

Original Complaint (Mar. 12, 2004)