Same-sex marriage cases move to California Supreme Court

Photo(s) by Luke Thomas

By Julia Cheever, Bay City News Service

November 7, 2006

SAN FRANCISCO (BCN) - The question of whether same-sex couples have a right to marry under the California constitution has moved a step closer to the state Supreme Court.

The state Court of Appeal in San Francisco issued an order late Monday declining to reconsider an Oct. 5 ruling in which the court said gay and lesbian couples do not have a right to marry.

The panel's action means the next step in the case is an appeal to the state high court. Shannon Minter, a lawyer for 12 gay and lesbian couples, said they will definitely appeal.

Minter said, "We are still very hopeful that when the case reaches the state Supreme Court they will do the right thing."

The deadline for filing an appeal with the state high court is Nov. 14. The court then will have up to 90 days, or until Valentine's Day, to decide whether to take up the case.

If the state Supreme Court does not agree to accept the case, the Court of Appeal ruling will become the final decision in the case.

Tom Dresslar, a spokesman for California Attorney General Bill Lockyer, said, "We always knew that the state Supreme Court was going to be the ultimate arbiter in this case."

Lockyer's office has been defending state laws that define marriage as being between a man and a woman.

Several lawsuits seeking a right to marry were filed by 20 same-sex couples and by the city of San Francisco.

Last year, San Francisco Superior Court Judge Richard Kramer ruled in favor of the plaintiffs, finding that same-sex couples are entitled to marry.

But that decision was overturned by the Court of Appeal last month.

A three-judge appeals panel said by a 2-1 vote that the Legislature and voters had a rational basis for restricting marriage to opposite-sex couples while at the same time giving same-sex couples equal benefits through the state's domestic partnership system.

The court majority said, "Courts simply do not have the authority to create new rights." It said any change must come from the Legislature or a voter initiative.

Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

####