California
In California, public education, advocacy, political activism, and progress on LGBT issues have been underway for decades, enacted by municipal bodies and state legislatures, and enforced by the courts. Nevertheless, in 2000, in a statewide referendum, voters passed a Defense of Marriage Act, amending state law to declare that California would not recognize other states' same-sex marriages. By 2004, according to polls, popular support for that measure had dropped by a dozen points.
In 1999, the state legislature created a statewide domestic partnership registry, enabling same-sex couples to register their partnership. At the time, registering had very few legal consequences. However, each year since, the legislature has added new legal meaning to that status.
In February 2004, San Francisco's mayor Gavin Newsom ordered that city's public offices to begin marrying same-sex couples. The California Supreme Court later invalidated those marriages as unauthorized by state law. A case was filed on behalf of 12 same-sex couples, Equality California, and Our Family Coalition, called In re: Marriage Cases, which challenges California's restrictions on marriage. The California Supreme Court is waiting to hear oral arguments in the case.
In 2005, California's Legislature became the first in the United States to pass a bill ending the exclusion of same-sex couples from marriage, but Governor Schwarzenegger vetoed the legislation. The bill passed again in 2007, gaining even more support from legislators, and awaits action from Governor Schwarzenegger who has promised to veto again.
Legislative support has been reaffirmed by public opinion throughout the state of California. A September 2006 poll by the Public Policy Institute of California showed that 47 percent, a plurality, of likely voters in California support marriage for same-sex couples. In order to keep moving towards marriage in California, a public education campaign, Let California Ring, was launched in September 2007 to open hearts and minds about the freedom to marry and the respect, support, protections, and responsibilities that come with marriage.
FROM EVAN WOLFSON:
Let California Ring: Talking About Change Makes It
Huffington Post
October 23, 2007
Evan Wolfson writes about Let California Ring, the new campaign to encourage a million conversations throughout the state (and hopefully millions across the country) about why everyone should care about ending the exclusion of same-sex couples from marriage. Wolfson points to the recent example of San Diego Republican Mayor Jerry Sanders' change of heart and mind in favor of marriage equality as proof that conversations work. There is momentum — and urgency — now as the California Supreme Court, the first court to strike down race-discrimination in marriage nearly 60 years ago, will soon hear a challenge to ongoing marriage discrimination.
A Tearful Republican Mayor Comes Out — For the Freedom to Marry
The Huffington Post
September 20, 2007
Complete with video, Evan Wolfson highlights an emotional press conference by San Diego Mayor Jerry Sanders, a Republican former police chief, at which he announced his intention to sign a resolution supporting the freedom to marry, a reversal from his prior public opposition. Mayor Sanders said his change of heart and mind was due to soul-searching and personal conversations with gay people he knows, including his lesbian daughter, showing how powerful it is to make the conversation about real people, not just legalisms or hypotheticals. He also described how he has come to understand that his prior support for civil union, rather than marriage, was inadequate and wrong. San Diego now joins the other major California cities in calling on the Governor and State Supreme Court to follow the legislature's lead in embracing marriage equality.
Marriage Equality: A Cause and Conversation That Won't (and Shouldn't) Stop
The Huffington Post
September 13, 2007
Evan Wolfson notes the recent events of an Iowa court decision striking down discrimination in marriage, the California legislature passing a marriage equality bill, and a Republican presidential candidate getting booed in New Hampshire for being anti-marriage, all proof that the conversation about the freedom to marry is unavoidable and present at the epicenters of presidential politics. Wolfson presents important points from the Iowa decision which exemplify why marriage matters and offers advice to presidential candidates with the Candidates' Guide on How to Support Marriage Equality and Get Elected.
PODCAST: Freedom to Marry: The Road Ahead
Freedom to Marry
July 18, 2007
Equality is not just a gay issue! Marriage discrimination infringes upon the civil rights and freedom of every American, gay and non-gay. Listen to Evan Wolfson discuss the freedom to marry movement in its historical context, and underscore the urgency of galvanizing the hearts and minds of Californians. CA, the first state to strike down racial discrimination in marriage, was also the first to pass a historic marriage equality bill in both houses of its legislature in 2006, before its veto by Gov. Schwarzenegger. The people's representatives in the most populous state continue to do the good work that, up until now, judges have done in other states.
"Marriage Makes a Word of
Difference" (pdf)
Evan Wolfson answers the question so often asked of same-sex
couples wanting to end their exclusion from marriage, "Why
can't you just call it something else?," by explaining how
the "clarity, security, and dignity [of the word marriage] is
precious and irreplaceable."
[TOP]
WHERE YOU CAN GO TO GET INVOLVED OR LEARN MORE:
Let California Ring
Every day gay and lesbian Californians are denied the freedom to marry the person they love. Let California Ring is a public education campaign to open hearts and minds about the freedom to marry and the respect, support, protections, and responsibilities that come with marriage. Comprised of a coalition of 45 diverse local, state and national organizations, Let California Ring is a project of Equality California Institute. Start participating today with My One Hundred.
Equality California
Equality California, along with Equality California Institute and the Equality California PAC, share a mission to achieve equality for lesbian, gay, bisexual and transgender (LGBT) Californians.
Equality for All
Equality for All is preparing to lead the fight against proponents of discrimination in California. This statewide coalition of LGBT and civil rights organizations, labor and business, straight and gay, is determined to defeat any attempts to write discrimination into our constitution.
National Center for Lesbian Rights
The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. NCLR is lead counsel on behalf of same-sex couples in the California marriage case, which is currently before the California Supreme Court.
[TOP]
LEGISLATIVE STATUS IN CALIFORNIA:
Your Community—California
Human Rights Campaign (HRC)
HRC presents resources, news, and the current marriage and
relationship recognition laws in each state.
[TOP]
THE NUMBERS: POLLING & STATISTICS:
A near majority of California registered voters (44%) approve of marriage equality while just five years ago, 45 percent believed homosexuality relations are always wrong. [Associated Press, 3/22/06]
[TOP]
PUBLICATIONS:
Geographic Trends Among Same-Sex Couples in the U.S. Census and the
American Community Survey
Williams Institute
November 2007
Gary Gates at the Williams Institute released groundbreaking research
on the geographic trends among same-sex couples. The report finds the
biggest increases in Southern and Mountain states and states barring
legal acceptance of same-sex couples had larger percentage increases
in same-sex couples from 2000 to 2006.
Let California Ring: Toolbox
Let California Ring
Here are useful tools to help you inform and motivate the people in your life about the freedom to marry and Let California Ring. Stay tuned and check back often as we add new tools.
Court Documents in re: Marriage Cases
National Center for Lesbian Rights
NCLR has all the court documents, including all amicus briefs in support of marriage equality, filed in the California marriage case, from the initial Superior Court ruling to the most current Supreme Court briefs.
I Do, but I Can't: Executive Summary
National Sexuality Resource Center
March 2006
This document summarizes "I Do, But I Can't: The Impact of Marriage Denial on the Mental Health and Sexual Citizenship of Lesbians and Gay Men in the United States," a pivotal study published in Sexuality Research and Social Policy: Journal of NSRC.
Race and Ethnicity of Same-Sex Couples in California
Williams Institute
February 2006
California's same-sex couples reflect California's racial and ethnic diversity; among Californians in same-sex couples, approximately 40% are racial/ethnic minorities.
[TOP]
NEWS:
Press Release: Equality for All Campaign Responds to Possibility of Constitutional Amendment Banning Marriage for Gay and Lesbian Couples
Proponents of an initiative that would use the California constitution to unfairly prohibit gay and lesbian couples from marrying claim to have enough signatures to qualify the initiative for the California ballot in November.
Backers of Calif. anti-marriage initiative ready to submit petitions
The sponsors of a proposed constitutional amendment to write marriage discrimination into California’s constitution said Monday they have gathered enough signatures to qualify the measure for the November ballot.
The Joy of Marriage Was Ours, for a While
Torie Osborn writes how getting married to her former partner in San Francisco changed her personal ideas about the importance of the freedom to marry: “The astonishing outpouring of support from our straight friends taught me a profound lesson: getting married is a rite of passage into a wide circle of shared humanity. With a real wedding — not a commitment ceremony, not a domestic partnership registry — we were initiated into a crowded circle of people who automatically affirmed our very beings. It was a club we never even knew existed until we joined.”
Schwarzenegger says he would fight efforts against anti-marriage initiative
Gov. Arnold Schwarzenegger said Friday that he would fight an anti-marriage initiative to amend the California Constitution if it qualifies for the November ballot. Schwarzenegger said he was confident that such an amendment, which already are on the books in 26 other states, would never pass in California and called it a "waste of time."
The Fight of Our Lives
Kate Scott explains the Decline to Sign efforts in California to stop an anti-marriage initiative from reaching the ballot, how to get involved, and how to talk about the freedom to marry: “…the next two weeks are crucial in the struggle for marriage equality in California. To summarize, as you may or may not know, an out of state group called 'Protect Marriage' has been paying people to gather signatures in California in an attempt to get an amendment to change the state constitution on the November Ballot.”
CA: Commentary—It's Becoming Predictable Every Election Season
California Assemblymember Lloyd Levine writes in support of the Decline to Sign campaign fighting to keep the anti-marriage initiative off the ballot.
Statewide campaign works to prevent marriage initiative in CA
As the April 21 deadline nears for Protectmarriage.com to collect 700,000 signatures to qualify the initiative which would write marriage discrimination into the state constitution, Equality for All, a new GLBT coalition educating the public on marriage equality, is working nonstop to prevent opponents from reaching their goal. “Through this unprecedented effort, we have had hundreds and thousands of volunteers all across the state doing this work,” said Seth Kilbourn, campaign manager for Equality for All.
OPINION: Marriage Decision: Not Activism
After noting the milestone Perez v. Sharp decision by the California Supreme Court to be the first state to strike down race discrimination in marriage in 1948, Jon B. Eisenberg responds to various judges questions about the role of the court in the pending California Supreme Court case on marriage saying, “For the courts to decide such constitutional questions is not judicial activism — it is their job. And the time is now in the Marriage Cases — not 10 years from now, not a hundred years from now — because now is the time when the question has been properly put to the California Supreme Court.”
OPINION: Matters of the 'M' Word
"The first time I met a married lesbian couple I was surprised by how deeply moved I was. They weren't married in the euphemistic sense so often used by my gay and lesbian friends, but they were really, truly, legally married. And when I think of the thousands of couples who waited in line to get married in San Francisco in February 2004, only to have their marriages annulled, I get it. The word 'marriage' does have a special meaning – a meaning far more understandable and significant than the detached, antiseptic and clinical term 'domestic partnership.'"
Around the Country, High Courts Follow California’s Lead
The CA Supreme Court is the most influential state court in the nation, clearly making the outcome of the marriage equality case very important to the entire nation. At the marriage hearing, Chief Justice George quoted repeatedly from a 1948 decision of his court, Perez v. Sharp — the first state high court decision to strike down a law banning interracial marriage. Over the next two decades, the rest of the nation followed it, culminating in a similar ruling by the United States Supreme Court in 1967.
OPINION: Civil Unions Aren't Marriage
In a 3½-hour session that sounded sometimes like a law school seminar and sometimes like a radio talk show, the California Supreme Court this week wrestled with the question of whether the state Constitution's guarantee of "equal protection of the laws" requires the recognition of same-sex couples' marriages.... The best response came from the lawyer for the city of San Francisco, which briefly granted marriage licenses to same-sex couples in 2004. "Words matter," Deputy City Atty. Therese Stewart said. "Names matter."
Court Likely to Rule in Favor of the Freedom to Marry
Former Berkeley City Attorney Manuela Albuquerque is sure the California Supreme Court will invalidate the marriage law's exclusion of same-sex couples from marriage as a violation of the California Constitution, and presents “a lay person’s guide to the gay marriage cases’ legal terrain and the import of the justices’ questions.”
California court ponders marriage case
Questioning whether separate is equal, the California Supreme Court this week considered ending the exclusion of same-sex couples and their families from marriage. Said Evan Wolfson, "As several questions and answers underscored, California has already conceded these families exist, that they should have protections and responsibilities akin to married people. The state is trying to claim that they’re already being treated, quote unquote, equally. If all that is true, what is the reason to deny them the freedom to marry, especially in light of testimony and evidence that the denial makes their life harder?”
OPINION: State Supreme Court weighs marriage question
Daniel Weintraub discusses the arguments made during the California Supreme Court’s hearing on marriage, noting the judges’ comments and questions, and the absurdity of the opposition’s statements.
Marriage for same-sex couples -- it's personal
As the high court considers ending the exclusion of same-sex couples from marriage, couples who wed in the Bay Area savor the joy of the institution…"The world knows how to acknowledge a marriage," [state Sen. Sheila Kuehl] said. "They congratulate you. They send presents. They understand that it is a significant and joyful milestone. No one knows what to do with a domestic partnership registry."
Over 500 watch historic hearing on live video
In all, more than 500 people flocked to San Francisco's Civic Center on Tuesday to watch the state Supreme Court hearing on the freedom to marry via live video feeds that were piped into a library, a law school and a basement conference room in the courthouse because the courtroom was filled to capacity.
Exclusion From Marriage Is at Heart of California Case
For almost four hours on Tuesday, the California Supreme Court heard arguments in the most important marriage case since Massachusetts’s highest court allowed gay and lesbian couples to marry there more than four years ago. But it took only 15 minutes for Justice Carlos R. Moreno to identify the central question. “Doesn’t this just boil down to the use of the m-word — marriage?” he asked…Lawyers for the same-sex couples seeking the right to marry said that marriage was a unique expression of love and commitment and that calling their unions anything else was a form of second-class citizenship.
Freedom to Marry Voice of Equality Alice Huffman honored in CA
At age 71, Alice Huffman has seen her fair share of bruising battles for equal rights in her lifetime. A longtime leader in the civil rights movement, Huffman has certainly paid her dues and earned the right to a peaceful retirement. Yet Huffman isn't sitting back on her laurels. She has become a key player in the LGBT community's fight for marriage equality.
CA court set to hear marriage case
“Believing you can do it is a prerequisite to getting it done,” said Evan Wolfson. “But hope alone is not enough and legal briefing is not enough. It’s our job to generate discussion in California so the judges are not just reading briefs but are feeling a sense that if they rule right, they will be sustained and history will vindicate them.”
'Decline to sign' campaign launched
A coalition of groups supporting marriage equality is asking for volunteers to help defeat an effort write marriage discrimination into the California constitution. Equality for All, a coalition of LGBT and allied civil rights groups, is launching a "Decline to Sign" campaign to discourage people from signing petitions that support putting an anti-marriage initiative on the November ballot.
Friends of the Court: Cities, counties push for change
In all, over 20 California cities and counties, including seven of the 10 largest cities in California, signed onto this amicus brief. In recognition of Freedom to Marry Week, Marriage Equality USA is featuring this cities and counties' amicus brief, along with an amicus brief filed by Professor M.V. Lee Badgett and senior research fellow Gary Gates, which analyzes U.S. Census data on same-sex couples in California. In partnership with the Bay Area Reporter, MEUSA is highlighting each of the 30 amicus "friend of the court" briefs submitted by hundreds of supportive organizations, professional associations, and religious institutions filed before the California Supreme Court in favor of same-sex couples' freedom to marry.
As marriage battle looms, CA gay people look back
The trajectory of the battle for gay rights from Milk's era to today was on the minds of the movie extras for "Milk." If the upcoming California court ruling legalizes gay and lesbian couples' marriages, many supporters will see it as an epic victory and the climax of the work that Milk began.
Domestic partners two-timed
California's registered domestic partners are sailing in uncharted territory this tax season. For the first time, a landmark state law requires them to file their taxes as married couples — even though federal tax laws don't recognize such unions.
SF Chamber Of Commerce Supports Marriage Equality Suit
365Gay.com
November 24, 2007
The San Francisco Chamber of Commerce is the latest to call for the end of excluding same-sex couples and their families from marriage in California. "Eliminating marriage discrimination in California would send a message that California promotes acceptance and equality, thus enhancing the ability of California businesses to compete nationwide for top talent," the brief stated.
Ad campaign promotes freedom to marry
The Bay Area Reporter
November 15, 2007
At bus stops around town commuters will find ads plugging a mobile phone service that are a ringing endorsement for marriage equality. Using mashed-up text on different color grids the ads read "yo wassupport gay marriage." The campaign is to promote progressive telecommunications company Working Assets' new Credo Mobile phone service.
Rights for gay and lesbian people at the forefront in CA
The Union-Tribune
November 12, 2007
In the battle over gay rights, this fall was supposed to be a slow period, almost like a political time-out. Both sides were expected to spend the next few months preparing for a California Supreme Court decision on whether to overturn the state's ban on gay and lesbian couples' marriages. Instead, it's been anything but quiet.
Same-sex couples raising children less likely to be white, wealthy
San Francisco Chronicle
October 31, 2007
"There is an idea of LGBT families, when people think about it at all, there's this perception that it's affluent white folks, and the data show that's based on our own misperceptions," said Judy Appel, director of the Our Family Coalition in San Francisco. "We're in every neighborhood, every race, ethnicity and economic group. Our kids are playing in the playgrounds and parks with all other kids."
Gay-rights activists enlist non-gay allies in struggle
Contra Costa Times
October 14, 2007
"The overall movement for LGBT equality is maturing, and the next step in that maturation as a movement is to compel our straight allies — friends, neighbors, co-workers, family members — not to just be supportive of us in private, but to publicly stand with us," said GLAAD President Neil Giuliano.
CA Gov. vetoes bill granting same-sex couples the ability to marry
Equality California
October 12, 2007
Same-sex couples in California continue to be denied the dignity, benefits and responsibilities of marriage with the governor's veto today of legislation that would have given all committed couples the option to marry. Gov. Arnold Schwarzenegger on Friday vetoed the Religious Freedom and Civil Marriage Protection Act (AB 43), authored by Assemblymember Mark Leno, D-San Francisco, and sponsored by Equality California. Download the Governor's veto message (pdf).
TV ad campaign attempts to sway the undecided
San Francisco Chronicle
October 9, 2007
"What if you couldn't marry the person you love?" reads the tagline to a 60-second TV spot that begins airing in the Bay Area, Los Angeles and other major California markets on Thursday. "Every day, gay and lesbian couples are prevented from marrying. Support the freedom to marry."
OPINION: Will Sanders lead the nation on marriage?
The San Diego Union-Tribune
September 27, 2007
Jerry Sanders, a first-term Republican whose chance of re-election had seemed to dim in recent weeks, may have caused a huge turnabout in current politics by siding suddenly with mostly liberal voters in deciding that gays and lesbians should be allowed to marry a same-sex partner. His action will be felt locally, of course, drastically changing the outlook in next year's mayoral election. But the news penetration he achieved elsewhere in the world suggests that Sanders' action may have a bearing on the political equation nationally as well.
OPINION: Domestic partnerships aren't marriages
Sacramento Bee
July 1, 2007
As a same-sex couple, we cannot marry in California, and if we married elsewhere, California would refuse to recognize that marriage. Instead, we have that better-than-nothing, twilight-zone status conferred by California's domestic partner legislation. This legislation gives us many of the same rights and benefits as married couples, but the two statuses have different procedural protections, social meanings and legal effects.
[TOP]
MULTIMEDIA:
California Supreme Court Hears Marriage Arguments
The California Supreme Court heard oral arguments on Tuesday, March 4th, in In re Marriage Cases, the case with the most 'friend-of-court' briefs filed in memory in California. Public support continues to increase around the state as the court prepares to rule on ending the exclusion of same-sex couples and their families from marriage.
VIDEO: Let California Ring
Let California Ring
November 13, 2007
The must see video that says it all. Let this moving short show you how, and why we need to spark conversations about the freedom to marry for gay and lesbian couples across California.
VIDEO: 'Let California Ring' campaign
CNN
October 9, 2007
CNN's Mary Snow reports on Equality California's 'Let California Ring'
campaign for Situation Room. The TV ad campaign uses an amusing
wedding scenario to explain why marriage matters to people who may
still be undecided on where they stand on the freedom to marry.
Garden Wedding
Let California Ring
October 2007
Every day gay and lesbian Californians are denied the freedom to marry
the person they love. Let California Ring is a public education
campaign to open hearts and minds about the freedom to marry and the
respect, support, protections, and responsibilities that come with
marriage. Comprised of a coalition of 45 diverse local, state and
national organizations, Let California Ring is a project of Equality
California Institute.
VIDEO: San Diego mayor rethinks his position on marriage
CBS5
September 19, 2007
Watch this very touching video of the Republican mayor of San Diego
rethinking his position on marriage, rejecting civil union, and
deciding to sign, not veto, a resolution adding San Diego to the other
major California cities calling on the supreme court (and governor) to
support the freedom to marry. He talks about his gay staffers, and his
lesbian daughter, and being unable to look them in the face and say
their love is unworthy or unequal.
[TOP]
