Ten years ago next Tuesday, in one of its most momentous decisions, a divided Supreme Court used a strict scrutiny standard of review to hold 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.” (In re Marriage Cases (2008) 43 Cal.4th 757, 782.) Although soon overturned by a state constitutional amendment adopted by initiative, the opinion presaged the U.S. Supreme Court’s decision seven years later under the federal constitution that superseded the initiative.
On Tuesday, Morrison & Foerster LLP and the National Center for Lesbian Rights are sponsoring a program in San Francisco to discuss the state court decision. Justice Goodwin Liu, who joined the court three years after the decision, will be on the panel, along with NCLR Legal Director Shannon Minter, former NCLR constitutional litigation director David Codell, UC Davis law professor Courtney Joslin, and moderator and NCLR executive director Kate Kendell.
The program will be at Morrison & Foerster LLP, 425 Market Street. Lunch is at noon and the MCLE program runs from 12:30 to 1:30.