Senate Resolution #26
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Authored by:
Co-authored by:
Introduced by:
CRISOLOGO-SMITH
Torres
Crisologo-Smith
Referred to:
Gender and Sexuality Commission
External Affairs Commission
Gender and Sexuality Commission
External Affairs Commission
Recommendation:
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An ASUCD Senate Resolution to condemn discriminatory marriage laws in the State of California.
WHEREAS, In re Marriage Cases (2008) the California Supreme Court held that offering a legal
relationship called "marriage" to opposite-sex couples while consigning same-sex couples to "domestic
partnerships" impinges upon the fundamental right to marry by denying such legal relationships equal
dignity and respect and; and,
WHEREAS, In re Marriage Cases (2008) the California Supreme Court also held that California legislative
and initiative measures limiting marriage to opposite-sex couples violate the state constitutional rights of
same-sex couples and may not be used to preclude same-sex couples from marrying thereby granting
equal marriage rights within the State of California to same-sex couples; and,
WHEREAS, California Proposition 8 (2008) eliminated this right by adding a new provision, Section 7.5 of
the Declaration of Rights, to the California Constitution, which states that "only marriage between a man
and a woman is valid or recognized in California.”; and,
WHEREAS, that year, with Senate Resolution #2 (TORRES), the Associated Students, University of
California, Davis (ASUCD) Senate opposed Proposition 8 stating, “this proposition –if passed- would
adversely affect many students who currently attend the University of California, Davis” and, “ASUCD is
committed to advocating for equitable gender rights and does not condone discrimination based upon
sexual orientation”; and,
WHEREAS, on August 4, 2010, U.S. District Chief Judge Vaughn R. Walker overturned Proposition 8,
stating that it is "...unconstitutional under the Due Process Clause because no compelling state interest
justifies denying same-sex couples the fundamental right to marry” and;
Senate Resolution #26
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WHEREAS, on February 7, 2012, a three-judge panel on the Ninth Circuit Court of Appeals issued a 2–1
majority opinion upholding the previous ruling that the law violates the United States Constitution,
specifically the Equal Protection Clause of the Fourteenth Amendment, by depriving same-sex couples of
a fundamental right, and;
WHEREAS, due to a court ordered stay, same-sex couples in California are still denied the fundamental
right to marry pending future appeal.
THEREFORE LET IT BE RESOLVED THAT, the ASUCD Senate condemns the State of California’s
discriminatory marriage law and practices; and,
THEREFORE LET IT BE FURTHER RESOLVED THAT, the ASUCD Senate, in accordance with the rulings of
the Supreme Court of California, U.S. District Chief Judge Vaughn R. Walker, and the Ninth Circuit Court
of Appeals, affirms that this discrimination violates the fundamental rights of citizens of California; and,
THEREFORE LET IT BE FURTHER RESOLVED THAT, the ASUCD Senate demands equal rights for all
citizens of California, including students of the University of California, Davis, regardless of sexual
orientation, and stands firm in its commitment to advocate on their behalf; and,
THEREFORE LET IT BE FINALLY RESOLVED THAT, copies of this resolution shall be sent to California
Governor Jerry Brown, California Lieutenant Governor Gavin Newsom, UC Davis Chancellor Linda Katehi;
UC Davis Vice Chancellor Fred Wood; UC Davis Associate Vice Chancellor Griselda Castro, The UC Davis
Lesbian, Gay, Bisexual, Transgender Resource Center; the UC Davis Cross Cultural Center; The UC Davis
Student Recruitment and Retention Center; The UC Davis Women's Resources and Research Center.