Barnholtz & Kugler Articles The History of Same Sex Marriage in California

The History of Same Sex Marriage in California

By Barnholtz & Kugler  Apr. 2, 2013 4:25p

Recently, for approximately five months in 2008, same-sex couples were allowed to marry in the state of California. Marriage licenses were granted to same-sex couples beginning June 16, 2008 under a Supreme Court of California ruling based on equal protections. At the time, California became the second state in the union to allow such marriages. Proposition 8, a California ballot proposition which was passed in the November state elections of that same year, ended same-sex legal marriages. The proposition added a new provision which allowed marriage in the state only between a man and a woman. This was added under the Declaration of Rights to the California Constitution. The proposition went into effect the day after it was passed, prohibiting same-sex marriages from then on. The new law did not affect those same-sex marriages which had already taken place nor did it affect domestic partnerships in the state.

In 2010, the state prohibition against same-sex marriages was found to be unconstitutional by a federal district court. That decision was upheld two years later by a U.S. Court of Appeals. It was then appealed to the U.S. Supreme Court in July of 2012 which granted it for review. It is currently pending under Supreme Court review and a final decision is expected to be issued by June of 2013.

Family Law Firm for Same-Sex Couples

While same-sex couples currently are not allowed to marry, they may still need to establish domestic partnerships or may have legal problems connected with their relationships. Those who did marry when it was legally possible may also face issues concerning divorce, child custody, child support, division of marital property, and more. These matters may be confusing, complicated, and frustrating when trying to understand all of the legal ramifications. That is why it is important to consult with a family lawyer in your area who is fully conversant with the state laws which pertain to your situation.

The family law attorneys at Barnholtz & Kugler have more than 30 combined years of legal experience with divorce and family law in California. Based in Valencia, they have handled countless family law issues, from paternity to prenuptial agreements to contested and uncontested divorce. They fully understand the impact such issues will have on your personal life and strive to help you achieve workable solutions. Contact the firm to arrange for a legal consultation to discuss your family law issue with an attorney dedicated to this field.

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