Settlement reached in a gay rights lawsuit

against a Rancho Bernardo country club

By: NCTimes.com from the Web, January 25, 2007

 

SAN DIEGO, Jan.24 -- A settlement has been reached in a gay rights lawsuit against a Rancho Bernardo country club that resulted in a landmark state Supreme Court ruling in 2005, it was reported Wednesday.

The terms of the settlement reached earlier this month were not disclosed in court documents.  Attorney H. Paul Kondrick, who represented the lesbian couple who sued the Bernardo Heights Country Club in 2001, said yesterday the terms of the agreement are confidential, the North County Times reported.

The case had been scheduled to go to trial next month in the San Diego Superior Court.

The couple, B. Birgit Koebke and Kendall French of Tierrasanta, alleged the country club violated state law and discriminated against them because of their sexual orientation and marital status.

The couple are registered domestic partners.  Under state law, they cannot marry.

A judge's pretrial ruling in favor of the country club prompted appeals that ultimately reached the state Supreme Court in 2005.  The high court ruled in August of that year that businesses must offer registered domestic partners in the state the same benefits offered to married couples.

The lawsuit had been scheduled for trial to decide a different issue left unresolved in the Supreme Court's decision:  whether the country club had discriminated against Koebke and French by treating them differently than other unmarried, heterosexual couples, the newspaper reported.

The Supreme Court said a trial on that issue should occur because Koebke and French presented evidence suggesting that unmarried, heterosexual couples had been given member benefits while Koebke and French were denied those benefits, the Times reported.

 

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