S.F. Chamber of Commerce supports same-sex marriage

S.F. Chamber of Commerce supports same-sex marriage

Bob Egelko, Chronicle Staff Writer
Saturday, November 24, 2007
A court ruling legalizing same-sex marriage in California would improve the business climate, says the San Francisco Chamber of Commerce.
The organization endorsed arguments filed in the state Supreme Court by Levi Strauss & Co. of San Francisco and a group called Out and Equal Workplace Advocates. Out of more than 40 briefs submitted in the case by civil rights and religious groups, legislators, law professors, local governments and others, the Levi Strauss brief is the only one from a business.
Support of marriage rights for gays and lesbians is "consistent with our organization's advocacy of policies that are inclusive and contribute to business' ability to attract and retain a diverse, talented workforce," Steve Falk, the chamber's chief executive, said in a statement this week.
The Supreme Court is reviewing lawsuits by groups of same-sex couples and the city of San Francisco claiming that state law, which defines marriage as a union of a man and a woman, violates the California Constitution.
A San Francisco Superior Court judge ruled in 2005 that the law violated the fundamental right to marry the partner of one's choice and also discriminated on the basis of sex. A state appeals court overturned that ruling in October 2006, saying the exclusion of same-sex couples from marriage could be justified by tradition and by the fact that domestic partners in California have the same rights as spouses under state law.
The state's defense of the marriage law before the high court acknowledges that California has a policy of equality for gays and lesbians but contends it is satisfied by laws establishing domestic partner status and banning discrimination in jobs and housing.
Religious conservative groups have mounted a separate defense of the law, saying children are better off with opposite-sex parents. Leaders of those groups are also gathering signatures on proposed ballot measures that would amend the state Constitution to outlaw same-sex marriage and benefits for same-sex domestic partners.
The court has received the final series of written arguments in the case but has not yet scheduled a hearing.
The Levi Strauss brief endorsed by the San Francisco Chamber of Commerce steers clear of legal precedents on marriage cited in other filings and instead argues that equal rights for employees are good for business.
"Eliminating marriage discrimination in California would send a message that California promotes acceptance and equality, thus enhancing the ability of California businesses to compete nationwide for top talent," said the brief, submitted in September by attorney Jeffrey Webb.
"Highly sought-after workers in same-sex relationships may now choose to work and live in Massachusetts and Canada where they can legally marry instead of California."
Webb said businesses made similar arguments against state constitutional amendments banning same-sex marriage in Indiana, Ohio and Wisconsin. The Indiana amendment was blocked in the state Legislature in April. The Ohio and Wisconsin measures were approved by state voters.
The California Supreme Court case is titled In re Marriage Cases, S147999. E-mail Bob Egelko at begelko@sfchronicle.com