Legal News

UPDATE: Same-sex marriage ruling

By Jason Siegel

"Marriage ruling cited for possibly the first time," Cal Law's Legal Pad
"Court to hear insemination case," San Diego Union-Tribune

Newsom and Delgadillo slam clerk opt out proposal
San Francisco Mayor Gavin Newsom and Los Angeles City Attorney Rocky Delgadillo told media they were outraged that San Diego County might let clerks opt-out of marrying same-sex couples.

"This is a civil marriage that civil servants have a responsibility to provide, so for civil servants on religious grounds to start passing judgments, they, I think, are breaking the core tenet of what civil service is all about," Newsom told Reuters.

San Diego County Assessor-Recorder-Clerk Greg Smith told the Union-Tribune that he plans to comply with the ruling but won't force employees to perform ceremonies when they cite religious or moral objections.

California ruling could could legal challenges to same-sex marriage in other states
California's lack of a residency requirement could allow out-of-staters to get married in California and then challenge the states that don't have same-sex marriage in federal court, claiming a denial of 'full faith and credit,' the Los Angeles Times reported.
"Bans on gay marriages are expected to face legal challenges," Los Angeles Times

No state-sanctioned marriage for anyone if the California Marriage Protection Act is passed

What happens if the California Marriage Protection Act is passed? Perhaps, no state-sanctioned marriage for anyone, Cal Law's Legal Pad finds.

They look at page 80 of the same-sex marriage opinion and interpret Chief Justice Ronald George as saying "Hmm, we could hypothetically resolve this whole mess by requiring the state to call all formal unions 'domestic partnerships' and leave it to the churches to decide who's 'married."

"Ballot Measure: "The Marriage Elimination Act"?," Cal Law Legal Pad

Full post as published by Legal Pad | LA on May 27, 2008 (boomark / email).