CALIFORNIA FAMILY LAW
...Marital Status
......Same Sex Marriage
 22 Cards On This Topic:
  • Definition of "marriage" and "spouse."
  • Proposition 8 states that only marriage between a man and a woman is valid or recognized in California.
  • Marriage is a personal relation arising out of a civil contract between two persons.
  • Calif. only recognizes as valid marriages between heterosexuals.
  • Proposition 22 denied recognition to same sex marriages. DOMA since repealed.
  • The right to marry is a fundamental right inherent in the liberty of the person, and guaranteed to same-sex couples under the DP and EP Clauses of the 14th Amendment; State must recognize same-sex marriages performed in other states.
  • As petitioners did not have standing to appeal the dist. ct.'s ruling that Prop. 8 violated the Constitution, neither the 9th Cir. nor the USSC had jurisdiction to decide the issue on the merits.
  • DOMA is unconstitutional as a deprivation of the equal liberty of person that is protected by the Fifth Amendment.
  • Idaho and Nevada laws preventing same-sex couples from marrying and refusing to recognize same-sex marriages validly performed elsewhere violate equal protection.
  • DOMA violates equal protection by denying federal benefits to married gay couples, depriving gay couples of the rights and privileges granted to heterosexual couples.
  • Proposition 8 violates the Equal Protection Clause.
  • District court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding trial judge's commitment to the parties that the recording would not be publicly broadcast.
  • Proposition 8 violates EP and DP by burdening the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation—its enforcement must be enjoined.
  • As Imperial County, dep. clerk and supervisors are not directly affected by the litigation, they lack a significant protectable interest and may not intervene; certified to CSC: do proponents of Prop. 8 have standing to appeal?
  • When public officials who would defend challenged state law or appeal a judgment invalidating the law decline to do so, official proponents of a voter-approved initiative measure are authorized to assert state's interest in the initiative's validity.
  • State statutes defining marriage as between a man a woman are unconstitutional and must be stricken from the statutes; Fam. Code §308.5 is unconstitutional.
  • District court properly abstained from hearing challenge to CA laws against same-sex marriage and Ps lacked standing to attack the constitutionality of DOMA.
  • Massachusetts Supreme Judicial Court declares that ban on same sex marriage violates state constitution; Legislature given 180 days to rectify.
  • Vermont Supreme Ct. holds that state is constitutionally required to extend to same-sex couples the common benefits and protections that flow from marriage.
  • Vermont Legislature authorizes same sex civil unions.
  • Hawaii Sup. Ct. holds prohibition of same sex marriages denies equal protection unless State can show that sex based classification justified by compelling state interests.
  • 3,000 gay marriage licenses nullified as county had no authority to issue them under state matrimonial law.


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