Same-sex Marriage

Equality California, one of the largest gay rights groups in California, recently revealed that it would hold-off on pushing for a same sex marriage amendment until 2012. The group was one of the main forces leading the charge to oppose Proposition 8, of which California voters passed to outlaw same sex marriages in California. The group has indicated its hopes to raise enough money over the next four years to launch a successful campaign to amend the constitution.

The issue of same sex marriage has been a highly controversial topic this decade throughout the United States, and more importantly in California. California voters have been asked to vote on the issue twice in the last nine years. Both times, the voters said no to same sex marriages. However, it is clearly evident that proponents of same sex marriages such as Equality California will continue to fight for an amendment to allow same sex marriages in California.

It will definitely be interesting to see how the same sex marriage battle plays out over the next four years. How this issue is ultimately determined will greatly affect child custody, alimony and other key family law issues for existing and future same sex marriages.

The skilled Los Angeles family law attorneys Wallin and Klarich will be monitoring this very closely. Call Wallin and Klarich today to see how this or any other family law matter could potentially impact you, your loved ones, or your friends! Wallin and Klarich has been in the business of helping people with their family law matters in their time of need for over 30 years and we would like to help you with yours. Call 1-888-749-7428 to get in contact with an attorney today.

The Supreme Court of California upheld the controversial proposition 8 on Tuesday, May 26th, but gay rights activists have vowed that they will continue to fight for same-sex marriage in the state. In simple terms, Proposition 8, which was passed by voters in the November election, defines the word “marriage” in California to be a union between a man and a woman. It prevents a union between a same-sex couple to be called a “marriage.”

According to a report, in a 6-1 ruling, Chief Justice Ronald George wrote that, “Only marriage between a man and a woman is valid or recognized in California,” wrote George, noting the ruling was made after “setting aside our own personal beliefs and values.” The court did approve the validity of 18,000 same-sex marriages celebrated before the November vote passing the Proposition.

While the debate over same sex marriage will undoubtedly continue as both sides continue to attempt to sway the court of public opinion in their favor, one thing is very clear: same sex parents and couples need to be vigilant about protecting their rights as partners under the law.

California Family Code section 297.5, states that; “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.” This means that, if same-sex couples have not yet become domestic partners, they should do so to ensure they benefit from all of the legal rights and obligations of marriages.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8.

A recent article in the Los Angeles Times examined the national trend in Family Law courts supporting the rights of same sex couples despite the fact that many states do not recognize same-sex marriages. Despite this lack of acknowledgment, court decisions on child custody, divorce and other issues are giving increased rights to same-sex couples.

The trend of legally married, same-sex couples moving from their home states to states that don’t allow same-sex marriage is forcing courts, legislatures and employers to deal with the resulting issues of same-sex child custody, divorce, inheritance and end-of-life decisions. The rights that these individuals are gaining have led to virtual equality between same-sex and heterosexual unions in many states.

What can same-sex couples do while they await reversal of Proposition 8? Protection of legal rights is the most important step, and a serious discussion of California same-sex parents custody, estate planning and financial issues should be the first step. Also, keep in mind California Family Code section 297.5, which states that:

“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.”

This means that, if same-sex couples have not yet become domestic partners, they should do so to ensure that they benefit from all of the same legal rights and obligations that are associated with marriage.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. The family law attorneys at Wallin & Klarich can help you every step of the way. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8. Give Wallin & Klarich a call today at 888-749-7428.

A recent article in Desmoinesregister.com covered the historic Iowa Supreme Court ruling that marriage no longer is limited to one man, one woman. The unanimous 69-page decision maintains a church’s right to decide who can be married under its roof, but it runs counter to the expressed opinion of a majority of Iowans who believe marriage is defined as the union of one man and one woman.

Iowa is one of three states in the nation where gays and lesbians can legally marry as of April 24th, 2009. The state joins Massachusetts and Connecticut as the only states where same sex marriages are legal.

Friday’s decision stemmed from a 2005 lawsuit filed by six gay and lesbian couples who were denied marriage licenses by the Polk County recorder’s office. The seven justices affirmed Polk County Judge Robert Hanson’s ruling that Iowa’s ban on same-sex marriages treated gay and lesbian couples unequally under the law.

“We are firmly convinced that the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective,” the court said in its opinion. “The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”

This decision comes months after California’s passing of proposition 8, which officially defined marriage as a union between a man and a woman and prevented the recognition of same-sex unions by the state. It is important to note, however that California Family Code section 297.5, states that: “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.” This means that, if same-sex couples in California have not yet become domestic partners, they should do so to ensure they benefit from all of the legal rights and obligations of marriages.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8.