Families Rejoice Over Court's Ruling that Same-Sex Couples Must Be Allowed to Marry

March 18th, 2005

Ruling Will Secure the Rights of Children of Same-Sex Parents

California trial court judge ruled this week that same-sex couples must be allowed to marry, and that denying them that right violates the California Constitution. (http://www.nclrights.org/cases/pdf/CourtDecision031405.pdf). Judge Richard Kramer's decision protects couples by recognizing that discrimination against same-sex couples violates the law.

"After 13 years together, my partner Alison and I can finally join thousands of other committed parents and marry with the protections of our state constitution," said Judy Appel, a lesbian mother of two young children and the Executive Director of Our Family Coalition, an organizational plaintiff in the case. "Like all parents, we want our kids to grow up in a welcoming society where they can grow and thrive. This is an important step in recognizing the equality of our families and in moving us closer to that goal."

Marina Gatto, a Bay Area high school senior remembers, "It was only a year ago that my family went to City Hall and waited with thousands of others so that my two moms could receive their marriage license. Marriage equality affects children because it gives all families the same rights and protections. As the child of a bi-national couple, these rights and protections are especially important for my family."

In his decision, Judge Kramer affirmed that in California, marriage is a fundamental right held by all Californians. He also held that the "idea that California's marriage law does not discriminate upon gender is incorrect . . . It is the gender of the intended spouse that is the sole determining factor."

In his ruling, Judge Kramer rejected the argument that the protections afforded domestic partners by the California legislature vitiate the need for same-sex marriage. The court stated that "[t]he idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal. In Brown v. Board of Education v. Topeka the Court recognized that the provision of separate but equal educational opportunities to racial minorities "generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to be undone."

"COLAGE applauds Judge Kramer for affirming what those of us with same sex parents already know: legal discrimination and misinformation are what harms children and families. In truth, equal rights, recognition and protection under the law are what children and families need and deserve," said Beth Teper, adult daughter of a lesbian mother and Executive Director of COLAGE (Children Of Lesbians And Gays Everywhere). "We celebrate this milestone for our community and look forward to the day that all families enjoy equal rights under the law."

"All children need to have their families affirmed and see the value and gifts that every family brings. If children see the diversity of family structure as they grow older, that is something they can value and respect," said Lee Lesser, Family Support Specialist, Parents Services Project. "The stability and support that this creates for all families and for our children as future adults is extremely important -- taking care of children means taking care of their families."

Two cases involving same-sex marriage in California--/Woo v. Lockyer/ and /City and County of San Francisco v. Lockyer/--were consolidated last year. California is the only state in which a municipality has joined with same-sex couples in seeking marriage equality. The plaintiffs in Woo v. Lockyer were represented by the National Center for Lesbian Rights, Lambda Legal, the ACLU, the Law Office of David C. Codell, and the law firms of Heller Ehrman White & McAuliffe and Steefel, Levitt & Weiss. San Francisco City Attorney Dennis Herrera filed the San Francisco action challenging the constitutionality of excluding same-sex couples from the right to marry. Legal briefs and other information about NCLR's case are available at the NCLR Web site: http://www.nclrights.org.

"This ruling underscores how important it is for our families to have support in advocating for the rights of our children," said Linda Jacobson, board chair of Our Family Coalition and mother of a 2 year-old. "Our Family Coalition is committed to providing parents with the skills and resources we need to help our children flourish."