NOW Condemns California Supreme Court's Decision to Invalidate Thousands of Marriages

August 12, 2004

"This decision by the California Supreme Court is a terrible blow to thousands of couples who sought to exercise this fundamental right -- and to their families as well," said NOW President Kim Gandy. "We stand behind Mayor Gavin Newsom in his decision to allow these marriages and we will continue to fight for equal marriage rights."

The California Supreme Court, in a 5 to 2 ruling, said that San Francisco Mayor Gavin Newsom did not have the authority to issue marriage licenses to gay and lesbian couples, thus invalidating thousands of marriages. Newsom began permitting same-sex marriages on Feb. 12, 2004, and since that time it is estimated that 4,000 couples exercised their right to marry. However, the ruling does not address whether same-sex couples must be allowed to marry under the California Constitution. The constitutionality of the law is being litigated by feminist attorney Gloria Allred and her firm, Allred, Maroko & Goldberg. The lawsuit was originally filed in Los Angeles, Calif., on Feb. 24, 2004, on behalf of two same-sex couples, Robin Tyler and her partner, Diane Olson, along with Rev. Troy Perry and his partner, Philip Debliek. Both couples were denied marriage licenses under the current law that allows only a single man and a single woman to marry. The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed a similar suit in San Francisco that also represents the couples.

"We understand the devastation for the many families affected by this decision," said Gandy. "These are brave couples who are determined to seek equality for themselves and their loved ones. We know that the state of California, which has always been a pioneer for civil rights, will remedy this injustice and recognize these couples' legal marriages."

Still pending is the issue of whether excluding same-sex couples from obtaining government-issued marriage licenses violates the California Constitution's guarantees of equality, liberty, and privacy. Currently, that question is at the center of cases before the San Francisco Superior Court that are similar to a 2003 Massachusetts lawsuit. The decision in that case allowed government officials to issue marriage licenses to same-sex couples statewide.

"Every social change movement has setbacks. But history has proven time and again that eventually justice will prevail," said Gandy. "There will be a day, very soon, when the government will accept what we already know -- that marriage is solely the decision of two committed people."

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