ACLU and California Marriage Equality Cases: A Brief History

For related information read the ACLU and marriage cases story or the In re Marriage case page.

February 12, 2004:  The San Francisco County Clerk, at the direction of Mayor Gavin Newsom, began issuing marriage licenses to same-sex couples. Eventually more than 4,000 lesbian and gay couples received licenses and were married.

March 11, 2004:  The California Supreme Court ordered San Francisco to stop issuing same-sex marriage licenses until the constitutionality of doing so could be determined.

March 2004:  The City and County of San Francisco, represented by San Francisco City Attorney Dennis J. Herrera and Deputy City Attorney Therese M. Stewart, filed a lawsuit challenging the discriminatory provisions in the marriage statutes. This lawsuit is called City and County of San Francisco v. California. The City’s co-counsel is Howard Rice Nemerovski Canady Falk & Rabkin.   

2004:  In addition to the cases brought by the ACLU and the City, two other challenges to the marriage statutes were filed by private attorneys; one on behalf of two same-sex couples from Los Angeles; and another on behalf of six same-sex couples filed in San Francisco. These two lawsuits are Tyler v. California and Clinton v. California.

February 2004:  Two anti-gay organizations also filed lawsuits seeking a declaration that the marriage ban is constitutional. These two lawsuits are Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco and Campaign for California Families v. Newsom.

August 12, 2004:  The California Supreme Court held that the city lacked authority to issue marriage licenses to same-sex couples and invalidated the licenses already issued, but declined to rule on whether the statutory exclusion of same-sex couples from marriage violates the state constitution.

March 14, 2005:  All six same-sex California marriage cases were combined and heard before Judge Richard A. Kramer in San Francisco Superior Court.  Judge 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.

November 2005:  Attorney General Bill Lockyer and the two anti-gay organizations appealed these decisions, and the ACLU and its co-counsel filed briefs urging the Court of Appeal to uphold the lower court’s ruling.

January 2006:  Eight amicus briefs, representing more than 250 religious and civil rights organizations, were filed in support of same-sex couples seeking marriage equality. These organizations include, among others, the California NAACP; the Mexican American Legal Defense and Education Fund; the Asian Pacific American Legal Center; the California Women’s Law Center; and 29 Asian Pacific Islander organizations including the Japanese American Citizens League and Chinese for Affirmative Action.

2006:  Four amicus briefs were filed in support of the ban on marriage for same-sex couples.

July 10, 2006:  Oral arguments took place before the First Appellate District in San Francisco.  The ACLU and its co-counsel urged the Court of Appeal to agree with the lower court decision that said it was unconstitutional to deny same-sex couples the ability to marry.  The Court of Appeal consolidated all six cases.

October 5, 2006:  A divided panel of the California Court of Appeal ruled in a 2-1 decision that that California may continue to bar same-sex couples from marriage.

November 14, 2006:  ACLU and its co-counsel asked the California Supreme Court to decide whether barring same-sex couples from marriage violates the California Constitution.

December 20, 2006:  The California Supreme Court agreed to hear appeals in the cases, and unanimously decided to grant review in the California marriage cases seeking to remove the current ban on marriage for same-sex couples.

April 2, 2007:  The ACLU and its co-counsel submitted the opening brief to the California Supreme Court. The brief charged that barring same-sex couples from marriage discriminates based on sexual orientation and sex and violates the fundamental right to marry, which is protected by the California Constitution’s guarantees of privacy, intimate association, and due process. 

June 20, 2007:  The Court ordered four supplemental questions.

August 17, 2007:  ACLU and co-counsel filed a reply brief on the merits and a supplemental brief addressing the Court’s questions.

October 9, 2007:  Thirty amicus briefs were submitted to the Court, representing scores of religious, civil rights, and child advocacy organizations, along with numerous California municipal governments, bar associations, and leading legal scholars, all urging the court to put an end to state laws that deny same-sex couples the protections of marriage.

November 14, 2007: Responses to amicus briefs were filed, which concluded the briefing process.

March 4, 2008: Oral argument held in front of the California Supreme Court.