Posted on May 26, 2009 by Robert A. Epstein

"PROP 8" UPHELD BY CALIFORNIA SUPREME COURT

In stark contrast with the rapid-fire succession of states legalizing same-sex marriage within recent months, the California Supreme Court today upheld the now infamous "Prop 8," a ban on same-sex marriages approved by voters last November.  However, those 18,000 marriages performed between today's decision and the November vote will remain valid.

In so holding, the California Supreme Court concluded that the voters had spoken and that same-sex couples still had the right to enter into civil unions.  Notably, today's decision comes approximately one year after the Court held that same-sex couples should have the right to marry - the decision ultimately leading to Prop 8's placement on the November ballot.  Interestingly, the Court concluded that Prop 8 was an "amendment," rather than a revision to California law, which can only be placed on the ballot with a 2/3 legislative vote. 

Stay tuned to this blog for further updates.  A prior post on Prop 8 can be found here.

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Posted on March 26, 2009 by Robert A. Epstein

Vermont Governor Intends to Veto Same-Sex Marriage Bill

The ongoing saga continues in the realm of same-sex marriages.  Word from Governor Jim Douglas of Vermont, the first state to legalize civil unions, has publicly stated that he would veto any bill legalizing same-sex marriage in that state.  The Vermont Senate overwhelmingly approved such a bill last week and the House will hear testimony this week.

The Governor's rationale is that civil unions provide rights sufficient to protect same-sex couples, a conclusion directly in contrast to that recently found by the New Jersey Civil Union Review Commission in evaluating this State's own law.  A blog entry on that recent conclusion can be found here.  Whether or not enough legislative votes exist to override any such veto is uncertain, but certain lawmakers are displeased that the Governor would take the step of making such an announcement prior to a House vote.

Same-sex marriage developments have garnered a lot of news lately and it will be interesting to see how this latest issue unfolds.

 

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