Case Summary

Smith v. Noel and Knoller, et. al.

On January 26, 2001 Diane Whipple was mauled to death by two dogs in the hallway outside her apartment. Her lesbian partner, Sharon Smith, with the aid of the National Center for Lesbian Rights, has now filed suit seeking monetary damages from the dogs’ owners and challenging the state statute that permits spouses to bring a wrongful death action, while excluding unmarried partners. In her appearances on several national television news programs Tuesday, and in testimony before the Assembly Judiciary Committee later in the day, Smith brought an emotional plea for an expansion of marital rights to include same-sex partners. Based upon California case law, Hastings College of Law professor John Diamond suggested it was “unlikely she would prevail” in court, though success in the California Legislature may be more likely.

Following Smith’s testimony, the Assembly Judiciary Committee voted 8-1 to approve Assembly Bill 25, a bill which would give same-sex partners 11 rights which the state has previously given only to married couples. Included within the list of 11 benefits is the right to bring a wrongful death lawsuit, the right upon which Smith is relying in her civil lawsuit. AB 25 passed the California Assembly by a vote of 42-31 on June 6, and has now gone to the California Senate. Governor Gray Davis has promised to sign some form of increased domestic partner benefits legislation, though he has not explicitly endorsed AB 25.