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May 19, 2008

California Supreme Court Rules 4-3 on Same-Sex Marriage

Entitled, In re Marriage Cases, the 121 page majority opinion (attached here) begins with the proposition that under California Law, domestic partners, i.e., those who register under the Domestic Partnership Act (Cal. Family Code Section 297 et seq) have almost (if not exactly) the same rights and responsibilities as those who marry and therefore, "[t]he question we must address is whether, under these circumstances, the failure to designate the official relationship of same-sex couples as marriage violates the California Constitution."  The four person majority of course ruled that it does.  The three dissenters essentially say that this is an issue that should be decided by the legislature or the people themselves, not the judicial Branch. 

May 19, 2008 in Current Affairs | Permalink


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