Civil Rights

SAN FRANCISCO - Attorney General Kamala D. Harris issued the following statement in honor of Martin Luther King, Jr. Day:

“Today we celebrate the legacy of Dr. Martin Luther King Jr. and honor the progress we have made toward realizing his dream of justice and equality for all. His legacy has transcended nearly fifty years, inspiring generations of Americans to lead with his compassion and resolve to build a more just nation.    

In this spirit, today we also reflect on the road that still lies ahead to reach those who continue to suffer from inequality and injustice. To truly honor Dr. King, we must re-commit ourselves to his work and never forget that ‘injustice anywhere is a threat to justice everywhere.’”

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement in response to the San Diego County Clerk’s filing with the California Supreme Court on Proposition 8:

"The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights. The federal injunction is still in effect, and it requires all 58 counties to perform same-sex marriages. No exceptions."

SAN FRANCISCO -- Attorney General Kamala D. Harris today filed a brief with the California Supreme Court in response to the petition filed by proponents of Proposition 8. In the brief, Attorney General Harris urges the court to deny the proponents’ request to stop counties from issuing marriage licenses to same-sex couples.

“Today’s filing by the proponents of Proposition 8 is yet another attempt to deny same-sex couples their constitutionally protected civil rights. It is baseless and we will continue to fight against it,” Attorney General Harris said.

Attached to the electronic version of this release is the brief Attorney General Harris filed today with the California Supreme Court on behalf of multiple state officials. It can be found at: http://oag.ca.gov/news.

SAN FRANCISCO – “I am thrilled that the Ninth Circuit Court of Appeals lifted its stay to allow same-sex couples to legally marry in California,” said Attorney General Kamala D. Harris. “Gay and lesbian couples have waited so long for this day and for their fundamental right to marry. Finally, their loving relationships are as legitimate and legal as any other.”

LOS ANGELES – Attorney General Kamala D. Harris today declared that the United States Supreme Court’s historic opinion in Hollingsworth v. Perry means that every county in the State of California must now recognize the right of same sex couples to legally marry and asked the Ninth Circuit Court of Appeals to lift its stay and allow same-sex marriages to take place.

“The Supreme Court’s historic ruling in Hollingsworth v. Perry means that same-sex couples have the fundamental right to be legally married in all of California’s 58 counties,” said Attorney General Harris. “The Court agreed with our argument that opponents of same-sex marriage lacked the legal standing required to bring the issue to the court. Same-sex marriages can legally resume in California as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court Ruling. I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights.”

The Supreme Court, in a 5-4 opinion, found that proponents of Proposition 8 lacked the legal standing necessary to challenge the rights of gays and lesbians to marry. The Supreme Court decision lets stand a District Court ruling that found Proposition 8 unconstitutional.

Today’s historic Supreme Court opinion echoed legal arguments Attorney General Harris made in an amicus brief submitted to the Court on February 27.

“Because we find that petitioners do not have standing, we have no authority to decide this case on the merits, and neither did the Ninth Circuit,” reads the Supreme Court opinion.  “We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.”

Attorney General Harris filed a brief with the Supreme Court in February that argued opponents of same-sex marriage had no legal standing to interfere with the rights of others. (https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-files-us-supreme-court-brief-support-marriage)

“Unlike state officials, proponents have no authority to enforce Proposition 8, and suffered no injury-in-fact from the district court’s judgment enjoining its enforcement,” the amicus brief states. As a result, the Proposition 8 sponsors “can only assert the kind of undifferentiated interest in the validity of state law that this Court has held to be insufficient for [legal] standing.”

Attorney General Harris also argued that Proposition 8 is unconstitutional:  “To be clear, Proposition 8’s sole purpose was to prevent same-sex couples from marrying. There is absolutely no legitimate or rational state interest in doing so. Proposition 8 is therefore unconstitutional.”

In May 2011, Attorney General Harris filed a similar amicus brief in California Supreme Court.

Attorney General Harris also praised the Supreme Court’s ruling that found the 1996 “Defense of Marriage Act” (DOMA) unconstitutional. Specifically, the court’s ruling in United States v. Windsor found that Section 3 of DOMA unconstitutional because it discriminated against a specific class of people, gays and lesbians.

“DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages.  It contrives to deprive some couples married under the laws of their State, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same State,” reads the Supreme Court decision in United States v. Windsor. 

In February, Attorney General Harris joined 14 other attorneys general in filing a brief urging the U.S. Supreme Court to strike down DOMA as unconstitutional.

“I joined 14 other Attorneys General in filing an amicus brief asking the Supreme Court to overturn DOMA because it is unconstitutional,” said Attorney General Harris. “It is gratifying to see the highest court in the land deliver an across-the-board victory for equality and justice today. Edith Windsor deserved to have her marriage recognized by the United States, and today’s decision is a historic step forward in the fight for civil rights for same-sex couples across this country.”

A copy of the U.S. Supreme Court decision in Hollingsworth v. Perry can be found here: http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf. 

In a letter to Governor Brown, Attorney General Harris advised that the State Department of Public Health instruct county clerks and recorders in all 58 counties to resume issuing marriage licenses to and recording the marriages of same-sex couples.  Same-sex marriages will resume as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court ruling.

A copy of the letter sent to Governor Brown is attached to the online version of this release at www.oag.ca.gov.

California Attorney General Kamala D. Harris will hold a press conference today to discuss the Supreme Court’s ruling that the opponents of same-sex marriage do not have standing to sue.

LIVESTREAM  link: http://oag.ca.gov/

In February of this year, Attorney General Harris filed a friend-of-the-court brief to the United States Supreme Court arguing that the opponents of same sex marriage did not have the legal standing necessary to challenge marriage equality in the nation’s highest court. Today, the Supreme Court agreed that Proposition 8’s supporters lacked standing.  A copy of the Attorney General’s amicus brief is attached to the electronic version of this release at: http://oag.ca.gov/news.

WHEN:  TODAY, Wednesday, June 26 - 10:30 a.m.

NOTE: This event is open to credentialed media only.

SAN FRANCISCO -- Attorney General Kamala D. Harris issued the following statement on today’s Proposition 8 arguments before the U.S. Supreme Court:

“I declined to defend Proposition 8 because it violates the Constitution. The Supreme Court has described marriage as a fundamental right 14 times since 1888. The time has come for this right to be afforded to every citizen.”

SAN FRANCISCO -- Attorney General Kamala D. Harris today filed a friend-of-the-court brief in the United States Supreme Court arguing that Proposition 8 is unconstitutional and the initiative's sponsors do not have the right to claim to represent the interests of California by defending the law in federal court.

"Equal protection under the law is a bedrock of our Constitution and fulfills our nation's binding principle that all people are created equal and should live free of discrimination," said Attorney General Harris. "I look forward to the day when all Californians are granted their full civil rights and can marry the person they love."

In August 2010, a federal district court invalidated Proposition 8 on the grounds that it violated the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest. Governor Jerry Brown and Attorney General Harris both refused to defend Proposition 8 on the basis that the law is unconstitutional.

The amicus brief lays out the harm done by Proposition 8 by preventing marriage between gay and lesbian couples.

"The sole yet profound effect of Proposition 8 was to take away the right of gay and lesbian couples to call their union a 'marriage' and to strip loving relationships of validation and dignity under law. It did not change any of the legal rights and responsibilities afforded same-sex couples and their children under California law," the amicus brief states. "To be clear, Proposition 8's sole purpose was to prevent same-sex couples from marrying. There is absolutely no legitimate or rational state interest in doing so. Proposition 8 is therefore unconstitutional."

The brief affirms that creating a stable home for children is an important interest served by marriage under California law – and one that is furthered by allowing all couples to marry. 

"The state's interest in protecting children, including the over 50,000 children in California being raised by same-sex parents, is poorly served by allowing so many of them grow up feeling inferior because their family unit is not validated and honored by law," the amicus brief states. "California's interests in protecting all of its children – and their basic dignity and understanding of fairness and justice – are best served by allowing same-sex couples to enjoy the same benefits of marriage as opposite-sex couples."

Attorney General Harris also argued that the sponsors of Proposition 8 cannot defend the law in federal court because they do not have legal standing to bring this appeal. The brief argues that, unlike state officials, the sponsors lack enforcement authority and therefore do not suffer "injury-in-fact" as a result of a federal district court's judgment enjoining Proposition 8's enforcement.

"The decisions below invade proponents' interest only to the extent that they, like other voters, have a generalized interest in the enforcement of Proposition 8," the amicus brief states. As a result, the Proposition 8 sponsors "can only assert the kind of undifferentiated interest in the validity of state law that this Court has held to be insufficient for [legal] standing."

The U.S. Supreme Court will hear oral arguments in the matter on March 26.

In May 2011, Attorney General Harris filed a similar amicus brief in California Supreme Court.

A copy of the U.S. Supreme Court amicus is attached to the online version of this release at www.oag.ca.gov.                           

SAN FRANCISCO -- Attorney General Kamala D. Harris issued the following statement in honor of Martin Luther King, Jr. Day:

“Today we celebrate the legacy of Dr. Martin Luther King Jr. and reflect on the progress our great nation has made toward fulfilling his dream of justice and equality for every American. His legacy has resonated for nearly five decades because he drew his power not from violence and division but from an appeal to the compassion at the core of the American spirit.

Dr. King challenged us to realize our highest ideals and ‘make real the promises of democracy,’ and to truly honor him, we must re-commit ourselves to his work every day and every generation.”

SAN FRANCISCO --- Attorney General Kamala D. Harris issued the following statement today on the U.S. Supreme Court’s announcement on Proposition 8:

“Today’s decision by the U.S. Supreme Court to consider marriage equality takes our nation one step closer to realizing the American ideal of equal protection under the law for all people,” said Attorney General Harris.

“For justice to prevail, Proposition 8 must be invalidated so that gay and lesbian families are finally treated with equality and dignity.”