Spring 2008 Newsletter

On The Front Lines: The California Marriage Equality Case

By Dena Zaldúa-Hilkene '98

Dena Zaldúa-Hilkene

I have had the honor and privilege to work at the National Center for Lesbian Rights (also known as NCLR) for the past five and a half years, as a member of the development department, working to raise much-needed funds for the incredible work NCLR does every day. NCLR is one of only two national LGBT legal organizations, and NCLR's mission of working to secure full civil and human rights for all LGBT people has always been inspiring. As you can well imagine, there's also never been a dull moment in doing this work.

On February 12, 2004, I witnessed history happen when San Francisco Mayor Gavin Newsom began issuing marriage licenses to same-sex couples. That day will stay with me as long as I live — the sheer love and hope generated by the couples marrying and standing in line, the children, family, and friends standing as witness, the people flying in from all over the country to seize the unbelievable moment... it was all overwhelming, in the best possible way. We all knew that day was just the beginning of something much bigger. NCLR immediately became lead counsel on the marriage equality case representing the couples who were marrying that day, challenging the constitutionality of California state laws denying marriage to same-sex couples.

And how amazing it is to still be here with NCLR as that "something bigger" comes to its final resolution. After four years of litigation on behalf of same-sex couples in California, the case has finally reached the California Supreme Court.

On March 4, 2008, the California Supreme Court heard oral argument in In re Marriage Cases. NCLR Legal Director Shannon Minter, a legend in his own right, argued in front of California's highest court in the last leg of this historic journey.

I was there, along with the rest of the NCLR staff and what felt like half the city of San Francisco, watching the oral argument with bated breath. It was surreal. To see and hear it all happening was tremendous. On the one hand, what world is this where anyone is denied the ability to marry the person they love? And on the other, who would have ever thought we'd see the day where a transsexual man would stand before the highest court in the seventh largest economy of the world to make, with the utmost eloquence and poignancy, the case for justice? And that the court would be actively engaged in the case, up to speed on every fact and nuance, recognizing fully, with their engagement and knowledge, the reality of our lives as LGBT people?

History in the making, indeed.

By the time you read this we may have a ruling from the California State Supreme Court deciding if lesbian and gay couples will be permitted to marry in California.

As of this writing, though, I cannot predict what will happen. But I also cannot help but be hopeful. As NCLR's Executive Director, Kate Kendell, has said, "it seems that the arch of justice may indeed be lengthening its bend in our favor. It may be that we are poised to make, and thereby forever change, history.... Millions saw and will read about that day. Attitudes will forever change and the dreams of countless of our brothers and sisters have been fulfilled and may yet be surpassed. Whatever happens next, we won."

Amen.

You can reach Dena with comments or questions, or simply to get in touch, at denaluna@gmail.com.

You can find out more about NCLR at http://www.nclrights.org/.

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