News Release: California Courts to Celebrate 50th Anniversary of Brown v. Board of


Release Date: May 20, 2004	Release Number: 30

Supreme Court Grants Public Access to Oral Arguments on Same-Sex Marriage

San Francisco—The California Supreme Court will hold oral arguments in two same-sex marriage cases from 9 a.m. to 11 a.m. on Tuesday, May 25, 2004, in the court’s courtroom in the Earl Warren Center, 350 McAllister Street, Fourth Floor, San Francisco. (Lockyer v. City and County of San Francisco, S122923, and Lewis v. Alfaro, S122865.)

In response to widespread interest in the cases, the Supreme Court has granted public access to the proceedings by approving a live broadcast by California Channel, a public affairs network that will serve as media pool. For a list of stations carrying the network, see www.calchannel.com/carriage.htm . In addition, C-Span and Court TV are planning to broadcast the arguments live. For more information on the Supreme Court cases, including public access, see www.courtinfo.ca.gov/courts/supreme/sfmarriages .

The two same-sex marriage cases will be heard as part of the Supreme Court’s late May calendar session from May 24 to May 27. The cases will be argued together and the court has allotted a total of two hours of argument for the cases. To view the court’s complete calendar, see www.courtinfo.ca.gov/courts/supreme/.

Issues Before The Court

By a unanimous vote on March 11, 2004, the Supreme Court issued an “order to show cause” in each same-sex marriage case that directed San Francisco officials to demonstrate why they have not exceeded their authority by issuing marriage licenses to same-sex couples on the basis of their own view that the existing marriage statutes are unconstitutional, before any court has issued a judicial determination on that issue.

The order to show cause was specifically limited to this legal question, and does not include the substantive constitutional challenge to the California marriage statutes themselves. The court indicated that that constitutional issue may be litigated separately in another case that may be filed in superior court.

On April 14, 2004, the Supreme Court issued an order asking the parties to submit additional briefing on whether the court should determine—in these cases—the validity of same-sex marriages that already have been performed and registered by the City and County of San Francisco.

Supreme Court Justices

The cases will be argued before the full seven-member California Supreme Court, composed of Chief Justice Ronald M. George and Associate Justices Joyce L. Kennard, Marvin R. Baxter, Kathryn M. Werdegar, Ming W. Chin, Janice Rodgers Brown, and Carlos R. Moreno. For information on the justices, see www.courtinfo.ca.gov/supreme/justices.

Attorneys Arguing Cases

The attorneys arguing before the court in Lockyer v. City of San Francisco, S122923, are Timothy M. Muscat, of the State Attorney General’s Office (for petitioner), and Therese M. Stewart, of the San Francisco City Attorney’s Office (for respondent).

In Lewis v. Alfaro, S122865, the attorneys are Jordan Lorence, of the Alliance Defense Fund (for petitioner), and Ms. Stewart, of the San Francisco City Attorney’s Office (for respondent).

The cases will be argued in this order: Mr. Muscat, for the Attorney General’s Office (30 minutes, less any time reserved for rebuttal); Mr. Lorence, for the Alliance Defense Fund (30 minutes, less any time reserved for rebuttal); Ms. Stewart, of the City Attorney’s Office (60 minutes); Mr. Muscat, rebuttal, if any; and Mr. Lorence, rebuttal, if any.

Press Seats

Almost a third of the courtroom will be reserved for the press. All of the available press seats are now filled. Overflow seating for the press and public is available in the Auditorium of the Milton Marks Conference Center, Lower Level, Hiram W. Johnson State Office Building, 455 Golden Gate Avenue, San Francisco.

Press Pooling

Pooling arrangements for electronic media will be provided by California Channel outside the Earl Warren Center on 350 McAllister Street, San Francisco. Court TV will provide satellite coverage of the news conference that is expected to follow the oral arguments.

Associated Press will serve as the pool photographer. To contact AP’s San Francisco headquarters, please call 415-495-1192. To contact California Channel, call 916-444-9792.

Case Information

For docket entries and other case information on Lockyer v. City of San Francisco, please see the Supreme Court’s online Case Information System at http://appellatecases.courtinfo.ca.gov/search/mainCaseScreen.cfm?dist=0&doc_id=312005&rc=1.

The same case information on Lewis v. Alfaro is at http://appellatecases.courtinfo.ca.gov/search/mainCaseScreen.cfm?dist=0&doc_id=311759&rc=1.

For the first time in any Supreme Court case, briefs are available online at http://www.courtinfo.ca.gov/presscenter/briefs.htm .