Posted by: Stephanie Canas Hunnell
May 30, 2008
Topic: Same Sex Marriage

On Thursday, May 15, 2008, the California Supreme Court determined that it was contrary to the State's Constitution to exclude gay and lesbian couples from the institution of marriage. In its 172 page decision, In Re Marriage Cases, the Court clarified that California, "recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation, and, more generally, that an individual's sexual orientation - like a person's race or gender - does not constitute a legitimate basis upon which to deny or withhold legal rights."

While many individuals, both homosexual and heterosexual alike, believe California's decision is a step in the right direction, opponents of same-sex marriage have already gathered over one million petition signatures in an effort to put an initiative on the November ballot designed to amend the California Constitution and limit marriage to one man and one woman.

So, whether same-sex marriage will become the way of the world in California, it is too early to tell. To be clear, whether it does or does not, a "married" gay or lesbian couple will not be afforded the same federal rights and privileges as their heterosexual counterparts.

To learn more about the distinction between marriage, civil unions and domestic partnerships please feel free to contact us.

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