State high court to hear lesbian's claim against San Diego club

<p>The state Supreme Court agreed Wednesday to hear an appeal from a San Diego woman who contends that California's civil rights law should protect her and her lesbian partner from discrimination based on marital status.</p><p>B. Birgit Koebke filed a lawsuit against the Bernardo Heights Country Club in 2001 because it requires her to pay guest fees whenever her state-registered domestic partner, Kendall French, plays golf at the club.</p><p>Bernardo Heights maintains that only a member's legal spouse is entitled to free use of the course and other family benefits.</p><p>In Atlanta, a city commission recently found that the Druid Hills Golf Club was found to violate the city's anti-discrimination ordinance by refusing spousal benefits to a lesbian couple and a gay couple. Efforts to mediate a solution broke down in late May.</p><p>Koebke, a 47-year-old television sales executive, argues that the state's 1959 Unruh Civil Rights Act protects her from discrimination based on marital status. Since California law bans same-sex marriage, Koebke contends, she cannot fully enjoy the benefits of her club membership, which she purchased in 1986.</p><p>A San Diego Superior Court judge dismissed her claims in 2002. In March, an appellate court ordered the trial court to review a portion of her case, but rejected Koebke's challenges of the interpretation of the civil rights law.</p><p>The California Supreme Court voted 7-0 to review Koebke's appeal of that decision. The court did not indicate when it would hear the case.</p><p>A ruling in her favor could redefine protections for same-sex couples, according to Koebke's attorney, Jon Davidson of the gay-rights defense fund Lambda Legal.</p><p>"This is huge. We're really excited," Koebke said of Wednesday's vote. "It's not about B. and Kendall anymore. It's not about a game of golf anymore. ... If they rule in our favor, so many people can win now."</p><p>The lawyer for Bernardo Heights, John Shiner, expressed confidence the court would affirm the club's right to limit family benefits to legal spouses.</p><p>"We are looking forward to the opportunity to present our position to the Supreme Court," he said.</p><p>Koebke's lawsuit is believed to be the first of its kind in the nation.</p><p>The case is Koebke v. Bernardo Heights Country Club, S124179</p><p>On the Net:</p><p>Lambda Legal: www.lambdalegal.org</p><p>HASH(0x28659ac)</p>

http://accesswdun.com/article/2004/6/167057