In re Marriage Cases
California Supreme Court
183 P.3d 384, 43 Cal. 4th 757, 76 Cal. Rptr. 3d 683 (2008)
- Written by Haley Gintis, JD
Facts
Since 1850, California law limited marriage to opposite-sex couples. In 1972 California amended its constitution to provide a right to privacy. In 2000, via a voters’ initiative, the state reaffirmed its marriage limitation. In 2008 the California Supreme Court consolidated six cases with pending appeals. The parties in the cases were gay and lesbian couples seeking the right to marry (collectively, the couples) (plaintiffs). The couples argued that limiting marriage to opposite-sex couples was subject to, and failed, strict-scrutiny review because the limitation constituted sex-based discrimination and sexual-orientation-based discrimination, and it interfered with the fundamental right to marry. The appellate court upheld the limitation on the ground that same-sex couples did not have a fundamental right to marry, because such couples had traditionally been restricted from marriage. The appellate court also determined that the restriction did not warrant strict-scrutiny review. The California attorney general (defendant) argued that limiting marriage to opposite-sex couples did not violate the state’s constitution. The California Supreme Court reviewed the consolidated cases.
Rule of Law
Issue
Holding and Reasoning (George, C.J.)
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