In re Marriage Cases

183 P.3d 384, 43 Cal. 4th 757, 76 Cal. Rptr. 3d 683 (2008)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

 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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership