California Supreme Court Rules in Favor of Marriage for Same-Sex
Upholds State Constitution’s Guarantees of Privacy, Intimate
Association & Due Process
Austin, TX (May 15, 2008) – In a historic decision, the
California Supreme Court has ruled that existing state statute
barring same-sex couples from marriage is a violation of the
California Constitution because it discriminates based on sexual
orientation and sex and violates the fundamental right to marry,
which are protected by the California Constitution’s guarantees
of privacy, intimate association, and due process.
Statement of Paul Scott, Equality Texas Executive Director
Today’s decision in California is a victory for all Americans
who cherish fairness, due process, and equal protection under
the law. The Court rejected the State’s argument that domestic
partnership law was an equal substitute, noting that
marriage-like rights without marriage smacks of a concept long
rejected by the courts: separate but equal.
While Texans are legally unaffected by this ruling, we are
hopeful that same-sex couples in Texas will one day have the
same opportunity to solidify and legally protect their families.
According to a January, 2008 study by the Williams Institute at
UCLA School of Law, approximately 50,000 same-sex couples were
living in Texas in 2005. About 20% of these couples are raising
an estimated 17,444 children. They deserve the same opportunity
to legally protect their family relationships as all California
couples now have.
Equality Texas will continue its ongoing efforts to help build
strong Texas families, including those with lesbian, gay,
bisexual and transgender family members.
Equality Texas works toward the elimination of social, legal,
and economic discrimination based on sexual orientation and
gender identity and expression through lobbying, education, and
research directed toward the Texas Legislature and other state
For Immediate Release