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Family Law

: California Divorce and Family Law

California Appellate Court Refuses To Find Same Sex Marriage Rights

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In six consolidated cases involving the issue of whether excluding same-sex couples from marriage is constitutional, by a vote of two to one, the court of appeal holds that California's definition of marriage as the union between a man and a woman is constitutional, does not deprive individuals seeking same-sex marriage of a vested fundamental right or discriminate against a suspect class, the marriage statutes' opposite-sex requirement is rationally related to a legitimate government interest, and any change to the definition of marriage must come from the people and their elected representatives, not the courts.

The case is here.

Full post as published by California Divorce and Family Law on October 06, 2006 (boomark / email).

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