History of California 1900 To Present - The California Legal Revolution

The California Legal Revolution

During the 1960s, under the aegis of Chief Justice Roger J. Traynor, the California Supreme Court became more liberal and progressive. Traynor's term as Chief Justice (from 1964 to 1970) was marked by a number of firsts: California was the first state to create true strict liability in product liability cases, the first to allow the action of negligent infliction of emotional distress (NIED) even in the absence of physical injury to the plaintiff, and the first to allow bystanders to sue for NIED where the only physical injury was to a relative.

Starting in the 1960s, California became a leader in family law. California was the first state to allow true no-fault divorce, with the passage of the Family Law Act of 1969. In 1994, the Legislature took family law out of the Civil Code and created a new Family Code. In 2002, the Legislature granted registered domestic partners the same rights under state law as married spouses. In 2008 California became the second state to legalize same-sex marriage when the California Supreme Court ruled the ban unconstitutional.

Since the mid-1980s, the California Supreme Court has become more conservative, particularly with regard to the rights of criminal defendants. This is commonly seen as a reaction against the strict anti-death penalty stance of Chief Justice Rose Bird in the early 1980s although the funding that eventually brought about her defeat was from corporate and business interests concerned with what they felt was an anti-business stance by the Chief Justice. The state's electorate responded by removing her (and two of her perceived liberal allies) from the court in November 1986.