Tuesday, May 26

NYT: CA Awaits Prop 8 Ruling

Today at 10am Pacific, the California Supreme Court will rule on the constitutionality and implementation of Proposition 8 which narrowly passed in November 2008. Why does the CA Supreme Court need to get involved again? Well, it's complicated. From the NYT:

Previously, in May 2008, the court legalized same-sex marriage, and since the election, several groups have sued, saying the proposition’s revocation of that right was unconstitutional.
In addition to answering that legal question, however, the seven-member court is expected to address the legal status of some 18,000 same-sex couples who were married in California between June — when the legalization took effect — and Election Day in November.
The state’s attorney general,
Jerry Brown, said last year that he believed those same-sex marriages would be legal regardless of Proposition 8. But opponents of same-sex marriage argue that it is illogical to continue to recognize marriages that can no longer be legally performed here.

Want to know where same-sex couples stand legally now?

Since the passage of Proposition 8, several states have legalized same-sex marriage, including Iowa, Maine and Vermont. Connecticut, where a court decision legalized same-sex marriage shortly before Election Day, began performing ceremonies shortly after California banned them. At the moment, married same-sex couples in California have the same rights as straight, married couples under California law, though same-sex couples have no federal recognition.
Like several other states, California allows members of the same sex to enter into domestic partnerships, which afford many of the same rights as marriage. But Kate Kendell, the executive director of the National Center for Lesbian Rights, says domestic partnerships are not equivalent to marriage.
“It is more than symbolism to say that an entire category of recognition is off limits to one class of people,” Ms. Kendell said. “And the category that is off limits is the one that is most culturally desirable.”


Confusing, huh? Maybe it should just be absolutely equal for all. You know, for simplicity's sake.

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