CWL AMICUS COMMITTEE UPDATE – Winter/Spring 2008

by Lara M. Krieger, District 7 Governor

California Women Lawyers (CWL) is a leader among bar associations in the charge to protect the civil rights of all people in our society.  To this end, CWL has historically participated as amicus curiae in important cases affecting equal access to justice and civil rights on both the statewide and national levels.  The CWL Amicus Committee proactively surveys the legal landscape for cases of interest and responds to requests from advocates and public interest organizations seeking CWL's support for appropriate cases at all stages of the appellate process.

Civil Rights.  Most recently, CWL joined an amicus brief filed in the In re Marriage Cases (Cal. Sup. Ct. No. S147999), currently pending in the California Supreme Court.  That case arises from the decision of the City and County of San Francisco to issue marriage licenses to same-sex couples.  Several litigations arose, with the proponents of same-sex marriage winning many of the early battles.  The Court of Appeal in San Francisco, however, reversed and held that the State of California's definition of marriage as between a man and woman was constitutional.  In a two to one decision, the majority concluded that the State's prohibition on same-sex marriage did not trigger "strict scrutiny" and was constitutional under the "rational basis" standard of review.  In December 2006, the California Supreme Court agreed to review the case.  The amicus brief CWL joined supports the proponents of overturning the ban on same-sex marriage.  The brief argues that the State's gender-specific definition of marriage is unconstitutional even under the less rigorous "rational basis" standard of review because it does not rationally serve the public welfare.  The amicus brief argues that the very same public policies underlying California's Domestic Partner Act similarly demonstrate that permitting same-sex marriage would enhance – not undermine – the public welfare.  Briefing in the California Supreme Court is nearing completion.  CWL is actively monitoring this ground-breaking case, which could extend the fundamental right of marriage to all California citizens.  

Protection for Battered Women.  CWL joined a host of organizations, including other bar associations such as San Francisco's Queens Bench Bar Association, supporting legal protections for battered women in an amicus brief filed in Blumhorst v. Jewish Family Services of Los Angeles, 126 Cal. App. 4th 993 (2005).  Plaintiff Eldon Ray Blumhorst sued 10 battered women's shelters, alleging that each one had discriminated against him on the basis of sex by failing to provide shelter and support services to "battered men."  In addition to suing the Shelters, plaintiff alleged California and federal equal protection causes of action against the County of Los Angeles and the State of California Department of Health Services.  The amicus brief CWL joined addressed the broad public policy considerations raised by this case, specifically that (1) the rationale to fund women-only shelters is sound in light of the fact that women are disproportionately the targets of domestic violence; (2) battered women are better served by women-only shelters; and (3) the financial viability of the Shelters would be compromised if denied State funding.  The Court of Appeal sided with the Shelters, dismissing the case because Blumhorst lacked standing – Blumhorst did not allege that he was either a current victim of domestic violence or that he was likely to be such a victim in the future.  Accordingly, he was not entitled to "tester" standing.  The ruling in this case is a major victory for battered women and children in the ongoing fight to preserve the legal and societal protections afforded them.

Juvenile Death Penalty.  CWL joined an amicus brief filed in the seminal U.S. Supreme Court case holding that the imposition of the death penalty on defendants who were under 18 years of age at the time their crime was committed is unconstitutional.  In that case, Roper v. Simmons, 543 U.S. 551 (2005), defendant Christopher Simmons was sentenced to death for a murder he committed when he was 17 years old.  Simmons appealed his conviction on the ground that to execute him for a crime committed when he was under 18 years of age constitutes cruel and unusual punishment and is prohibited by the Eighth and Fourteenth Amendments.  The Missouri Supreme Court agreed, and set aside Simmons's death sentence and re-sentenced him to life imprisonment without eligibility for probation, parole, or release except by act of the Governor.  CWL joined forces with a host of child advocacy organizations to file an amicus brief in the U.S. Supreme Court arguing that juveniles bear a lesser moral culpability for crimes they commit and that there is a greater risk of wrongful execution because of their special vulnerability to confessing to crimes they did not commit.  The Supreme Court's decision is a significant step toward protecting the civil rights of children, which is a primary focus of CWL's advocacy mission.

Choice.  Unfortunately, not all of CWL's amicus efforts have been successful.  In 2007, the U.S. Supreme Court rejected a facial constitutional challenge to the Partial-Birth Abortion Ban Act of 2003.  In that case, Gonzales v. Carhart, 127 S. Ct. 1610 (2007), the Supreme Court considered decisions from both the Eighth and Ninth Circuits striking down the Act as unconstitutional.  CWL joined the amicus brief filed by the National Women's Law Center, which argued that the Act may deny women to a safe abortion, impermissibly imposes a specific moral viewpoint on all women, and unconstitutionally violates women's bodily integrity.  The Supreme Court rejected these arguments (and those of the many other amicus briefs) and instead held that the Act was not void for vagueness, and that the Act did not impose an undue burden on a woman's right to an abortion based on overbreadth or the lack of a health exception.  This decision is a blow to every woman's right to control her own body, and serves as a stark reminder of the roadblocks still in the way of full gender equality – and spurs CWL to redouble its efforts to overcome those obstacles.

These cases represent a sample of the work CWL is doing in the appellate courts. If you are interested in joining the Amicus Committee or soliciting CWL's support as amicus curiae, please contact Lara M. Krieger at (310) 312-4113 or lkrieger@manatt.com.