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Family Law

: California Divorce Blawg

Why Pay Attention To Gay Marriage?

By John E. Harding, JD, CFLS

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I got an e-mail from an angry viewer of this blog complaining that I devote too much space to same sex marriage (not the exact language used, but close enough).  The author also asked (I presume a rhetorical question?) why I spend so much time on the topic?  Originally I thought the answer was pretty simple.  As I typed this post out I realized, maybe it isn't so simple? 

The evolution of same sex legal unions is the busiest developing area of family law.   And, it is an incredibly challenging component of any family law lawyer's practice.  We've got domestic partnerships, same sex unions, same sex marriages.  Here in California if you are in a same sex relationship you can get married one day, you cannot get married the next day.  Heck, I don't know if my same  sex clients are coming or going as married folk (right now in California there is no right of same sex marriage)?  We have fresh legal questions that call into play Federal law, the U.S. Tax Code, the laws of the States that we practice in, and the laws of the States (and countries) that our clients relocate from, or move to.  It is the birth of a new legal model, and it is walking through a mine field all at the same time.  It is an incredibly challenging, and incredibly intimidating time for same sex couples and for lawyers that practice family law.  The subject is also more than just a passing fancy or a blip on the map.  In my opinion there is a clear trend developing toward the full recognition of same sex marriage across the country.  It may take decades, but the writing is on the wall.  I am not passionate about the topic, I am not frustrated by it.  As a family law lawyer I have a professional obligation to develop my knowledge on the topic.  As a service to the public I deliver information concerning the topic.  This blog lets me do both. That's why I pay attention to it.



Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Full post as published by California Divorce Blawg on April 08, 2009 (boomark / email).

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