October 1, 2008
COLAGE Celebrates the Anniversary of the Perez vs Sharp Court Case

COLAGE marks the anniversary of the Perez vs. Sharp Supreme Court Case in California by recognizing that 60 years ago today, California led the rest of the nation in recognizing that marrying the person you love no matter the race is simply a fundamental right. It was the Perez v Sharp case that brought the matter of race discrimination in marriage to the forefront of civil rights deliberation.

In 1948 Andrea Perez (a Mexican American woman) and Sylvester Davis (an African American man) applied for a marriage license in Los Angeles California. When the county clerk denied them their right based on the California Civil code section 60 which stated "all marriages between a white person with a negroes, Mongolians, members of the Malay race, or mulattoes are illegal and void." Perez petitioned the California Supreme Court by arguing that she and Davis were both devout Catholics, the church was willing to marry them, and that the state's law infringed on their right to participate fully in the sacraments of their religion, including the sacrament of matrimony. In result the California Supreme Court held that marriage is a fundamental right and that laws restricting that right must not be based on prejudice.

The timing and significance of the 60th anniversary of Perez v Sharp couldn’t come at a more pressing time not only for the state of California but the rest of the nation. While it was California that led the nation to stand against discrimination against interracial couples in 1948, we also hope California continues to lead the nation in embracing marriage equality on November 4th 2008. Perez was a landmark in affirming that all loving couples should be treated equally under the law. By recognizing that race was not a category that could limit the rights of a couple to opt for civil marriage, the case opened the door to many families in choosing marriage as a means for protecting and recognizing their relationships.

"My family would not exist without this historic decision, as my mom is Chinese-American and my father is English/Irish-American. One generation later, in May of this year California continued its tradition of fairness and equality by recognizing the freedom to marry for same-sex couples. Today, my husband and I are overjoyed to be legally married as we celebrate our 21st year together. Having our parents there on our wedding day as a second generation in our family who was able to legally marry was the happiest day or our lives." shared Stuart Gaffney.

Since June 2008, hundreds of lesbian, gay, bisexual and transgender couples have accessed civil marriage in the state of California following the history California Supreme Court decision last May. Sarah Gogin, a member of the COLAGE Speak OUT program shared these thoughts at the August marriage of her two fathers, "For over 22 years, my parents have been dedicated to each other in mind, body, and spirit. They never needed a fancy cake, they never needed a wedding singer, or some witness to tell them that they were married. We are the witnesses and we see everyday through their actions and words that my parents are married. In my eyes and in my parent's eyes, marriage is not defined by a piece of paper or by a ring. It is defined by the love and commitment two individuals share and it’s amazing to be able to be here celebrating our family's civil marriage."

As we celebrate the Perez Anniversary today, we also turn our eyes toward Election Day when voters throughout California will have the opportunity to protect marriage equality. In the past, California has been a leader in affirming marriage equality and we hope this leadership will continue.

If you would like to find out more about COLAGE’s efforts to protect marriage equality, please contact Paulie Milagros Schreck at COLAGE either via e-mail or 415-861-5437.This month we have phone banks, events, public education forums, and more so get involved and be a part of history!