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Gay Marriage Ruling: How Will It Impact Criminal Law

By Steven Rodriguez

Recently, the California Supreme Court ruled that denying marriage to same-sex couples was against the constitution of the State of California, thus legalizing gay marriage throughout the state (at least for now).  While this will have great repercussions on the law in general, especially civil law, there are a great many areas in criminal law where this ruling will have a major impact.  For example, during cases between husband and wife, juries tend to have more sympathy towards women whether it’s a matter of divorce, child support or even spousal abuse.  However, in a case of husband and husband, how will this affect a jury’s attitude? Here are some criminal matters that will surely be impacted by same-sex marriages: Domestic Violence - How will juries, or judges for that matter, decide a case where a man claims a beating from another man, or a woman from another woman?  Normally, a jury would be outraged by the idea of a man beating a woman, however, if it’s two men or relatively equal size and strength, how will a jury decide these matters? Theft - If a husband, or ex-husband, was accused of stealing his wife’s belongings, it would easy to find female clothing, jewelry or the like in his possession...continue to full post

Full post as published by LA Criminal Defense Blog on May 27, 2008 (boomark / email).