History was made today when the California Supreme Court ruled that lesbian and gay couples have a fundamental right to marry under the state's constitution. The decision, grounded in the California Constitution's promises of equality and due process, means that same-sex couples who wish to commit themselves to one another, to honor and protect one another, may do so through marriage.
In a 4-3 decision, drafted by Chief Justice Ronald George, the court ruled: "In light of the fundamental nature of the substantive rights embodied in the right to marry -- and their central importance to an individual's opportunity to live a happy, meaningful, and satisfying life as a full member of society -- the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation."
The court also noted: "Furthermore, in contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation, and, more generally, that an individual's sexual orientation -- like a person's race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."
At the heart of this case are the many plaintiff couples who courageously brought their private lives into the public eye in order to pursue the freedom to marry. Among them are Del Martin and Phyllis Lyon who, now in their 80s and with more than 50 years together, have waited nearly a lifetime for this moment. This ruling is a sweet victory for them and for all lesbian and gay couples who have waited for this day.
This is not the first time that the California high court has considered the question of marriage or recognized that the right to marry cannot be denied to a class of citizens because of who they are. In 1948, the California Supreme Court dismissed bans on interracial marriage as unconstitutional in Perez v. Sharp. The Perez case was a precursor to the 1967 Supreme Court case of Loving v. Virginia, which struck down remaining bans on interracial marriage. Those cases helped to close the book on our nation's segregation laws.
Mildred Loving, who quietly lived out a family life made possible by the Supreme Court's decision in her case, understood the great relevance of her family's struggle to the issue of marriage for lesbian and gay people. Before she died, she weighed in on the issue, speaking powerfully in her own words and leaving no doubt about where she stood on the matter. She wrote:
"Not a day goes by that I don't think of Richard and our love, and how much it meant to me to have the freedom to marry the person precious to me, even if others thought he was the 'wrong kind of person' for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry."
We honor Mildred and Richard's memory by applauding the court's leadership in holding that, in California, people have the freedom to marry, the right to choose their own spouse, regardless of sex or sexual orientation. By recognizing that right, the court has shown that it understands what has been denied to lesbian and gay couples by excluding them from marriage: the affirmation of family. In the simplest possible terms, the court found that same-sex couples have the right to come together to form families in the same way that other families do: through marriage. The decision recognizes that the domestic partnership law, though it represented dramatic progress when first enacted and as it was enhanced over the years, was a law destined to keep lesbian and gay people in a second-class status.
The ruling is an affirmation of families and of the wonderful diversity of our state. Moreover, in ruling as it did, the California Supreme Court fulfilled its traditional role in interpreting the provisions of the state constitution to protect the rights of the people. In that way, it is neither liberal or conservative, but represents a victory for all who live in California. That's why no one should be surprised by the fact that three of the four justices who signed the majority opinion were appointed by Republican governors.
As same-sex couples begin marrying across California, their neighbors will wake up the next day to discover that nothing has changed for them. Newly married lesbian and gay couples, and their children, can rest a little easier knowing that their family is both recognized and protected.
We believe that future generations will look back on this landmark case and see that in order to fulfill our cherished constitutional principles, it was the only decision that the court could have made. It is a ruling that honors the spirit of our laws and the protections and freedoms they uphold. For the California Constitution is meant to protect the people, and this decision, made squarely under it, does exactly that.
Today, the legacy that began with a California court case in 1948 comes full circle for couples like Del and Phyllis who now can celebrate that they have the freedom to marry. Marriage may have been the issue at hand, but it was equality and fairness that won the day in court.