5-16-08, 10:11 am

In a decision that may advance the political movement for marriage equality, the California State Supreme Court voted May 15 to overturn a state ban on gay marriage. Labor and civil rights organizations immediately praised the court decision and the courage of the couples and families who brought the suit to the state's highest court.

A press statement by the National Center for Lesbian Rights, which along with the ACLU and Lambda Legal argued the lawsuits that had been filed back in 2004, characterized the legal victory as 'historic.' The court's decision overturned a ruling by a lower state court that upheld the ban.

California legalized domestic partnerships in 1999 and provided expanded recognition and rights for them in 2005, including recognition of families headed by same-sex couples. That same year and in 2007, the state legislature passed marriage equality measures, which were vetoed by Gov. Arnold Schwarzenegger.

Schwarzenegger justified his veto by saying that the California Supreme Court should resolve the issue.

In the majority opinion, California State Supreme Court Chief Justice Ronald George wrote, “In light of the fundamental nature of the substantive rights embodied in the right to marry – and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society – the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation.”

“This is a historic and landmark day for those who value fairness and opportunity,” said Shannon Price Minter, legal director of the National Center for Lesbian Rights. “The court’s decision today upheld the highest ideals of equality that are embodied in the California Constitution.”

Jennifer Pizer, senior counsel for Lambda Legal, likened the May 15th ruling to a 1948 state decision to recognize the right of interracial couples to marry. “Each of us depends on the Supreme Court to enforce our basic rights to be free and equal under law,' she said. 'Enforcement was essential for mixed-race families in the 1940s and for women in the 1970s, and it’s essential for gay men and lesbians now. California’s Constitution safeguards all of us.”

“All Californians should be incredibly proud of our state for leading the nation in ending the unnecessary pain that is caused when lesbian and gay couples are barred from the legal protections and dignity that come through marriage,” said Maya Harris, executive director of the ACLU of Northern California. “Today marks a defining moment in our state’s already rich history of establishing fairness for all.”

In praising the court's decision, Nancy Wohlforth, co-president of Pride at Work, AFL-CIO, the voice of the LGBT community in the labor movement, said, 'In the labor movement, we believe that an injury to one is an injury to all. The California Supreme Court has helped remedy one injury today.'

In congratulating the California activists and legal teams who won the victory, National Organization for Women President Kim Gandy said, 'The California Supreme Court did what was right, and that is to give everyone – regardless of sexual orientation – the fundamental right to civil marriage.'

More than 250 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 the National Black Justice Coalition, filed briefs supporting same-sex couples seeking the right to marry, according to the National Center for Lesbian Rights.

--Reach Joel Wendland at