Calif. court bolsters gay partner rights
Says couple entitled to discount at club
SAN FRANCISCO -- The California Supreme Court yesterday added considerable legal clout to the state's new domestic partner protections, concluding that private country clubs must treat same-sex partners and married couples equally.
The decision was made in one of a series of gay rights cases that are serving as a prelude to the historic legal showdown over whether California's ban on same-sex marriage is unconstitutional, a matter that could be heard by the Supreme Court by the end of the year. The justices ruled that a San Diego country club violated California civil rights laws by refusing a spousal discount to a lesbian couple that it extends to married members.
While the ruling did not tip the court's hand in how it will view the gay marriage issue, the justices made it clear that the domestic partner law was intended to offer the same legal protections that married couples have. The decision could now give registered domestic partners stronger protections with a host of businesses, from mortgage lenders to health clubs.
''In creating domestic partnerships, the Legislature has also created a policy favoring such partnerships similar to the policy favoring marriage," Justice Carlos Moreno wrote for the court.
Legal analysts say yesterday's ruling shows the court is receptive to gay rights arguments, but also could be exploited by gay marriage foes who argue that same-sex couples do not need the right to marry because of the domestic partner law.
The San Diego case involves Birgit Koebke, who pays $500 per month in membership fees to the Bernardo Heights Country Club. Married members can have children, grandchildren, and spouses play the golf course for free, but Koebke must pay for her partner, Kendall French, to golf and she can only be a guest six times a year. The couple sued, arguing that the policy was discriminatory under civil rights laws and that it also violated the domestic partner provisions that went into effect the beginning of this year.
California's attorney general, Bill Lockyer, backed the couple in the Supreme Court.
The justices are expected to rule this month on another major gay rights case, one that involves the custody rights of same-sex couples who have children through artificial reproduction.
The Supreme Court also in the coming months must decide whether to tackle the gay marriage challenge immediately or leave the issue for a state appeals court to rule on first.
