On Thursday, May 15, 2008, California Supreme Court struck down the state’s ban on same-sex marriage saying sexual orientation, like race or gender, “does not constitute a legitimate basis upon which to deny or withhold legal rights.”
The justices wrote that “responsibly to care for and raise children does not depend upon the individual’s sexual orientation, ” in a 4-3 120-page ruling.
Chief Justice Ronald George wrote for the majority “We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.”
There are some basic questions that need to be answer regarding California’s same-sex marriage:
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When will California’s same-sex marriage decision take effect?
California’s same-sex marriage will take effect 30 days after it was issued. -
Will the federal government recognize a California same-sex marriage?
The federal government does not recognize same-sex marriage. Married couples of the same sex can not file joint federal income tax returns, nor receive federal spousal benefits. A U.S. Citizen who marries a foreigner of the same sex in California will not be allowed to sponsor the spouse to immigrate to the U.S.
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What happens to domestic partnerships after the California’s same-sex marriage decision?
Domestic partnerships after the California’s same-sex marriage decision continues to exist under California law.
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Prior to the May 15, 2008 ruling, the California Supreme Court voided about 4,000 same-sex marriage licenses that was granted in San Francisco. Will those marriages be recognized within 30 days?
The May 15, 2008, California Supreme Court decision did not address the 4,000 marriages that were voided in 2004.
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The state that now permits same-sex marriage is Massachusetts. How is California’s law different from Massachusetts’ law?
In Massachusetts, marriage licenses are not granted to residents of states that prohibit same-sex marriages. Massachusetts and New York are expected to recognize California marriages.
What do you think about the California’s Supreme Court decision? What is your state and should your state allow civil unions? Share your views with the Chocolatecity.cc/blog community.
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