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In early March 2008, the California Supreme Court listened to arguments regarding a set of marriage-related lawsuits that were filed by 23 lesbian and gay couples challenging the California law that denies them the legal right to marry. That law was passed in 2000 by a voter initiative (Proposition 22). The Court's decision will be regarding the question of whether the ban on gay marriage violates the state's Constitution.
A Liberal State
California is considered one of the most liberal states in the Union, and it has set legal precedents in a wide variety of issues. Consequently, what happens in California often sets a path for other states to follow, and the gay marriage struggle in the state is being watched closely across the country.
Since the date when the voter initiative was passed in 2000, the state Legislature twice passed a bill legalizing same-sex marriage, but Governor Schwarzenegger vetoed both bills, stating that he wanted to wait until the cases now before the state Supreme Court were decided. He has said that he will abide by the Court's decision.
A Complex Issue
It's not a simple "yes or no" decision for the Court. California already has a very comprehensive domestic partnership law that gives same-sex couples almost all the legal rights and benefits given to married couples.
The oral arguments before the Supreme Court were accompanied by the filing of a record number of "amicus briefs," which are written legal arguments provided by entities that are not parties to the lawsuits being discussed; these entities are just interested parties who want to add their opinion about the issues.
A June 2008 Decision
The Supreme Court has 90 days to issue their decision, which will be in June 2008. Their decision will reverberate throughout the state and the U.S., and the candidates in the race for U.S. President will be obliged to divulge their opinions on the California decision.
Consult a Divorce Attorney in Your State
Having a knowledgeable divorce lawyer on your side throughout this process is very helpful. Contact a divorce lawyer near you today.