State High Court To Hear Lesbian's Country-Club Lawsuit Appeal
Ruling In Her Favor Would Redefine Same-Sex Couple Protections

SAN DIEGO -- 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.

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.

Bernardo Heights maintains that only a member's legal spouse is entitled to free use of the course and other family benefits.

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.