Maine Voters Repeal Gay Marriage Law

Maine voters repealed their state's gay marriage law yesterday.

BOSTON GLOBE - PORTLAND, Maine - Maine voters overturned the state’s same-sex marriage law yesterday, delivering a potentially crushing blow to gay-rights advocates after a year when their cause seemed to be gaining momentum with legislative and legal victories in four states.

The “people’s veto’’ came six months after Maine’s law was approved, and one year after California voters rejected gay marriage by a similar margin.

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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

"Till Death Do Us Pay" - More on the Need for Alimony Reform

Finally, a little slice of la vida real in our Massachusetts family court system: Till Death Do Us Pay - Boston Magazine.

I'm encouraged to see such critical words from a local media source, in this case Boston Magazine. You definitely will not get such truth from the Boston Globe. And what a shame that is, as the Boston Globe is still the best newspaper we have in this state. Yet, by its gross negligence and incompetence in its reporting in the area of family law, the Boston Globe continues to hold back family law progress, even though it, together with its parent The New York Times Company, had earlier been so instrumental in pushing forward progress in the gay rights and gay marriage arena.

This is definitely a must-read article for anyone interested in the crazy world of alimony law in Massachusetts. I've written about this here before. Our archaic alimony law in Massachusetts has created a number of family law problems that should have been solved long ago. I do hope that reasonable heads will eventually prevail here, and that there will be a complete, extensive overhaul of our absurd alimony law and accompanying practices.

This article, though not perfect, provides a penetrating look into a system in great need of common sense overhaul, in this state which claims to be progressive, but is actually only selectively so. And when I say that I mean a system much broader than merely that which sustains a ridiculously outdated alimony system, but the entire family law system which is backward and unfair in so many other respects.

It is way past time that our state treated fathers and exhusbands and their children, along with all the various family units of which they are a part, with the same level of dignity as gay and lesbian individuals and female-headed households. Until that happens, Massachusetts will continue to be the oddball state, where progressive policies in favor of gay and lesbian couples (policies about which I believe we should be very proud) stand in stark contrast to backwards, archaic, protectionist, sexist policies that promote traditional family structures and female dependency in heterosexual relationships over independence, equality and justice.

And when I say policies, I mean not only laws - both statutes and rulings by our appellate courts - but also practices and other rules, written and unwritten, which continue to be perpetuated by the family law establishment.

Please read the article.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

New Hampshire Becomes Sixth State to Allow Gay and Lesbian Marriages

Well, now it has happened: the New Hampshire legislature passed the final version of its gay marriage bill and the governor signed it this afternoon. It will become law in January of next year: N.H. Governor Signs Gay Marriage Bill.

EXCERPT FROM TODAY'S AP ARTICLE:

CONCORD, New Hampshire - New Hampshire became the sixth state to legalize gay marriage after the Senate and House passed key language on religious rights and Gov. John Lynch — who personally opposes gay marriage — signed the legislation Wednesday afternoon.

After rallies outside the Statehouse by both sides in the morning, the last of three bills in the package went to the Senate, which approved it 14-10 Wednesday afternoon.

Cheers from the gallery greeted the key vote in the House, which passed it 198-176. Surrounded by gay marriage supporters, Lynch signed the bill about an hour later.

'Today, we are standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities — and respect — under New Hampshire law,' Lynch said.

Lynch, a Democrat, had promised a veto if the law didn't clearly spell out that churches and religious groups would not be forced to officiate at gay marriages or provide other services. Legislators made the changes.

Massachusetts, Connecticut, Maine, Vermont and Iowa already allow gay marriage, though opponents hope to overturn Maine's law with a public vote.

California briefly allowed gay marriage before a public vote banned it; a court ruling grandfathered in couples who were already married.

The New Hampshire law will take effect Jan. 1, exactly two years after the state began recognizing civil unions.

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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Maine Now Permits Gay Marriage; New Hampshire Will Likely Be Next

This past month, Maine has become the fifth state to legalize gay marriage. For the basic story, see the Huffington Post's article from earlier this month: Maine Gay Marriage Legalized. Meanwhile it seems New Hampshire is on the verge of approving same-sex marriage as well, although there is presently what supporters hope will only be a slight delay.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Vermont Legislates Right to Gay Marriage

And yes, now it's happened in Vermont: Vermont has legalized gay marriage. Vermont legalizes gay marriage | burlingtonfreepress.com | The Burlington Free Press. Yesterday, Vermont joined Massachusetts, Connecticut, and Iowa and is now the fourth state with a right to gay and lesbian marriages. Unlike the other states before it, however, Vermont created this right through legislative rather than judicial enactment. After the governor vetoed the legislation, both houses of the legislature over-rode his veto. The new law takes effect September 1, 2009.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Iowa's Highest Court Institutes Gay Marriage; Vermont's Legislature Is Well On the Way to the Same Goal; New York Grants First Same-Sex Divorce

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Wow, there have been quite a few developments on the gay marriage front - today, yesterday, and this past week. As Vermont moves closer to becoming, possibly, the first state to create gay marriage by legislative enactment, now that its House has joined the Senate in passing a bill that would permit gay and lesbian couples to marry there, Iowa today has become the next state to do it judicially, as have Massachusetts and Connecticut before it (and also, for a time, California, although that was short-lived): Iowa gay marriage ban ruled unconstitutional - msnbc.com.

From the website of the Iowa Judicial Branch, you can find the summary/press release describing the decision, and the full decision as well.

Also, New York has now made good on its earlier promise to recognize gay and lesbian marriages performed in other states by accepting jurisdiction and granting divorces to such couples if and when they move to New York. The first such divorce was granted in New York this week. See Same Sex Divorce-Granted! - New York Divorce and Family Law Blog.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Gay Marriage Coming Soon to Vermont? New Hampshire?

New England continues to be center stage in the gay marriage debate.

Both Vermont and New Hampshire each have legislative proposals that were recently approved by one of their legislative bodies to legalize gay or same-sex marriage. See yesterday's New York Times article, Gay Marriage, Set Back in One State, Gains in a 2nd - NYTimes.com.

New Hampshire's House of Representatives just narrowly approved its gay marriage bill this past Thursday, and its Senate may consider a similar bill but prospects do not appear to be good in this more conservative-leaning state. Vermont's Senate overwhelmingly approved its own bill the Friday before last, and its House is already actively considering a similar proposal. But both states have governors who are likely to veto the bills if they come before them. Governor Jim Douglas of Vermont has already stated he will veto the Vermont bill if it comes to his desk.

Vermont was the first state to legalize gay and lesbian civil unions. New Hampshire only created civil unions this past year. If the other legislative bodies also approve the bills in each state, and then can override the probable vetoes by their governors, then we will see a further expansion of gay marriage in this region.

It would hardly be a surprise to see one of these New England states become the next to join Massachusetts and Connecticut, as the only states currently and fully santioning the legal formation of gay and lesbian marriages. My bet would be on Vermont. Maybe not this year, but eventually.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Florida Trial Judge Rules That State's Ban on Gay Adoptions Is Unconstitutional

Today in the news there was yet another interesting development in the world of gay rights, this one in Florida: Florida ban on gay adoptions ruled unconstitutional - MiamiHerald.com.

EXCERPT FROM MIAMI HERALD ARTICLE OF TODAY:
BY CAROL MARBIN MILLER (cmarbin@MiamiHerald.com)

A Miami-Dade circuit judge Tuesday declared Florida's 30-year-old ban on gay adoption unconstitutional, allowing a North Miami man to adopt two foster kids he has raised since 2004.

In a 53-page order that sets the stage for what could become a constitutional showdown, Circuit Judge Cindy Lederman permitted 47-year-old Frank Gill to adopt the 4- and 8-year-old boys he and his partner have raised since just before Christmas four years ago. A child abuse investigator had asked Gill to care for the boys temporarily; they were never able to return to their birth parents.

''This is the forum where we try to heal children, find permanent families for them so they can get another chance at what every child should know and feel from birth, and go on to lead productive lives,'' Lederman said in court before releasing the order. ``We pray for them to thrive, but that is a word we rarely hear in dependency court.''

''These children are thriving; it is uncontroverted,'' the judge added.

Moments after Lederman released the ruling, attorneys for Florida Attorney General Bill McCollum announced they would appeal the decision to the Third District Court of Appeal in Miami.

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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

California, Arizona and Florida Join Long List of States Banning Gay Marriage

Two more states besides California - namely, Arizona and Florida - have joined the list of nearly 30 U.S. states banning gay marriage, as the result of last week's elections. Although California still has civil unions for gay and lesbian couples, most of the states with bans, including Arizona and Florida, do not have civil unions, domestic partnerships, or any kind of recognition of these relationships. For a basic overview, see this New York Times article about the three state bans, and also read this from the New Hampshire Family Law Blog.

It seems the Northeast, and particularly New England, is exceptional. Massachusetts and Connecticut are now the only states sanctioning gay marriage. Vermont and New Hampshire have civil unions and Maine also has a degree of recognition of same-sex relationships through domestic partnerships. New York recognizes same-sex marriages formed in other states, and New Jersey also has civil unions. Outside this, our very tolerant area of the country, only the West Coast states have some formal, legal recognition of gay and lesbian couples: California still has civil unions, while Oregon and Washington have domestic partnerships.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

California Electorate Voted to Ban Gay Marriage; Legislators Try Hail Mary Pass to California Supreme Court

California voters approved the gay marriage ban in that state, by voting for Proposition 8, during their election last week. Meanwhile, Democratic legislators are asking the California Supreme Court to void Proposition 8, in what the manager of the Proposition 8 campaign derides as a "Hail Mary" pass: Democratic legislators ask state Supreme Court to void Prop. 8 - Los Angeles Times. Some gay and lesbian couples have already gotten married in California, between the time the California Supreme Court legalized same-sex marriage and the time when the gay marriage ban was approved last week. Their future is unclear.

Meanwhile, it is likely this development will improve the tourism prospects for Massachusetts and Connecticut, as these New England states, now the only states currently sanctioning gay marriage, should have a monopoly on the gay destination wedding market in the U.S.

EXCERPT FROM LA TIMES ARTICLE, BY DAN MORAIN, 11/11/08:

Reporting from Sacramento -- Forty-three Democratic legislators, including leaders of the California Senate and Assembly, filed a brief Monday urging the California Supreme Court to void Proposition 8.

Assembly Speaker Karen Bass, Senate President Pro Tem Don Perata and incoming President Pro Tem Darrell Steinberg signed the friend of the court brief, filed with the state Supreme Court.

No Republican legislator signed the petition, though Gov. Arnold Schwarzenegger, a Republican, denounced the anti-gay marriage measure over the weekend.

With almost 11 million ballots tallied, Proposition 8 had 52.3% of the vote to 47.7%. Although many ballots remain to be counted, the 500,000-vote spread is viewed as insurmountable.

"The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities," the legislators said in the document, written by attorneys at the firm Gibson, Dunn &Crutcher.

"This is a Hail Mary, no question about it," said Frank Schubert, manager of the Proposition 8 campaign.

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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

More on Connecticut's Same-Sex Marriage Decision

Here's another good article by Hofstra Law Professor Joanna Grossman, this one on the recent Connecticut Supreme Court's same-sex marriage decision: FindLaw's Writ - Grossman: And Connecticut Makes Three: The State's Highest Court Declares Same-Sex Marriage Ban Unconstitutional.

....Connecticut's ruling is similar to the ones in Massachusetts and California, though in subtle ways it is also stronger. Connecticut's civil union law did grant same-sex couples identical rights and benefits to married couples, unlike California's domestic partnership law, which had one tangible difference. And Connecticut's ruling on constitutional sufficiency is marginally stronger than that of Massachusetts, since it came as part of a fully-litigated controversy rather than as an advisory opinion. But these distinctions are minor; it's fair to treat all three of these cases as standing for the same principle: When it comes to marriage, separate is not equal.

The civil union operates as a pragmatic step toward marriage equality - one that secures tangible benefits for same-sex couples despite the present political climate. Polls often show majority support for civil unions, but not for same-sex marriage. Despite the practical benefits, however, the stigma and second-class nature inherent in an alternative status is inescapable. That is a reality that Massachusetts, California and, now, Connecticut have rightly faced up to - and acknowledged with rulings ensuring the name of marriage is accessible to all.

It's hard to know how many states must recognize same-sex marriage before we have a critical mass, but three is a good place to start.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Connecticut Finds Right to Same-Sex Marriage - Joins Massachusetts and California

In a long-awaited decision, the Connecticut Supreme Court yesterday joined the highest courts of California and Massachusetts in creating, or recognizing, a right of same-sex marriage on state constitutional grounds. As in those other courts, the decision was a close 4-3. See the news here: Connecticut Supreme Court legalizes same-sex marriage - The Boston Globe. The majority opinion of the court is here, and the three separate dissenting opinions are here, here and here.

EXCERPT FROM OCTOBER 10, 2008 BOSTON GLOBE ARTICLE:
(By Michael Levenson and Andrew Ryan)

Connecticut became the third state to legalize same-sex marriage today in a 4-3 decision by the state Supreme Court.

In an 85-page decision issued at 11:30 a.m., the court struck down a law barring same-sex marriage, ruling that the state had "failed to establish adequate reason to justify the statutory ban."

The justices noted in the majority opinion that they recognized "as the Massachusetts Supreme Judicial Court did in Goodridge v. Dept. of Public Health … that 'our decision marks a change in the history of our marriage law.' "

The case, Kerrigan v. the state Commissioner of Public Health, was brought by eight same-sex couples who were denied marriage licenses by the Madison town clerk. They argued that the state's civil union law was discriminatory and unconstitutional because it established a separate and therefore inherently unequal institution for a
minority group. Citing equal protection under the law, the state Supreme Court
agreed.

"In accordance with these state constitutional requirements, same sex couples cannot be denied the freedom to marry," said the majority opinion, which was written by Justice Richard N. Palmer.

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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

The Economics of Gay Marriage

I have long been waiting for the Law and Economics blogging professor duo from the University of Chicago - Judge Richard Posner and Gary Becker - to address gay marriage on their blog. Well, the wait is over, as they both specifically addressed the issue today. See Judge Posner's post The Economics of Gay Marriage and Gary Becker's post Should Gay Marriages be Allowed? Gary Becker's piece is especially interesting, as he discusses not only gay marriage, but also polygamy, in a short piece that contemplates, and advocates, marriage as a private contract with minimal interference from the government.


Of course, a must-read for anyone interested in the law and economics of the family is Gary Becker's fascinating tome A Treatise on the Family, recently updated and expanded. Becker won the Nobel Prize in economics in 1992.



For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Massachusetts House Joins Senate In Voting To Repeal 1913 Law

The House voted overwhelmingly today to repeal the 1913 law. Now that both the Senate and the House have passed the bill, the bill will go to Governor Patrick, who is expected to sign it. As a result of the repeal of the old statute, gay and lesbian couples residing in other states will now be permitted to marry in Massachusetts even if their home states would not permit them to marry in their home states. See the Blue Mass Group Blog for more. My previous post on this story is here.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Massachusetts Legislature Moves Toward Equality for Gay and Lesbian Couples

Despite the fact that the Massachusetts Senate recently passed Senate Bill 800, which would repeal the 1913 law that prohibits non-resident gay and lesbian couples from marrying in Massachusetts unless their home state also would recognize their marriage, the House has yet to take up and pass the bill, and has until July 31 before its current session ends. See the New England Blade's most recent article from Thursday: House Ends Week Still Silent on 1913 Law; Bill Sent for Third Reading; Session Ends Next Week, and for more background the earlier article of Wednesday, July 23 (quoted below). Pressure from the advocates for marriage equality may overcome some political resistance in the House. Hopefully the advocates will prevail, and then the measure will go to the desk of Governor Patrick, who is expected to sign it into law.

In other, more decidedly positive news, also from the New England Blade: "The Massachusetts State Senate on Wednesday, July 23, by voice vote, passed the MassHealth Equality Bill H.B. 4107, which would grant married same-sex couples in Massachusetts the same access to Medicaid benefits as heterosexual couples. Currently, federal Defense of Marriage Act regulations prohibit same-sex couples legally married in Massachusetts from being treated as each other’s spouses for the purposes of federal benefits programs, including Medicaid, which is uniquely funded by both state and federal dollars. The bill passed in the House last week. Once the House and Senate agree on slight differences in language, the bill will go to Gov. Deval Patrick’s desk, who is expected to sign it into law...."

EXCERPT FROM NEW ENGLAND BLADE ARTICLE, JULY 23:

The House of Representatives, by the New England Blade print deadline, had not taken up Senate Bill 800, which, if passed, would repeal the 1913 law thatprohibits non-resident same-sex couples from getting married in Massachusetts unless their home state would recognize their marriage.

But despite the looming end of the current legislative session — July 31 — House Speaker Sal DiMasi remains committed to bringing the issue before the full House soon, said his spokesperson, David Guarino.

“It is something we hope to bring up in the next few days,” David Guarino, spokesperson for DiMasi, said on Tuesday. “Speaker DiMasi is a strong supporter of it and hopeful to get this done this session.”

Guarino did not return a call made to him on Wednesday.

MassEquality said on Wednesday that“it’s still very likely that it will come up before the end of the session,” and asked its membership to contact their respective legislators. The Massachusetts Gay and Lesbian Caucus has also urged its membership to contact their legislators.

“The Senate acted quickly and decisively but the House may be a more difficult battle,” says the Caucus in an e-mail to its membership on Tuesday. “Our opponents have generated thousands of calls and e-mails to Representatives to stop our Repeal lobbying, and they’re having an impact. Now is the time to act. We need you to e-mail your state Representative and urge her/him to support the repeal.”

The State House News reported on Monday that some House members are concerned about taking up the repeal of the 1913 law during an election year, which has left doors open, says MassResistance, for opponents of the bill to talk with representatives.

“Last Thursday we sent people to personally visit every House office at the State House. They sat down with staff members and made them read our handouts explaining the facts about this issue,” said MassResistance in its blog(http://www.massresistance.org/). “They got both good and bad responses. Some were very supportive, some quite hostile. But we got the message across.”
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For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

More On Same-Sex Marriage Recognition in Other States

It's hard to keep up, but here are two more recent articles from Findlaw's Writ on issues related to same-sex marriage. These both deal with issues regarding the legal treatment of same-sex marriages in states that do not have same-sex marriage:

*The Virginia Supreme Court Enforces Vermont's Custody and Visitation Order Regarding a Same-Sex Couple's Child: Why an Anti-Same-Sex-Marriage State Recognized a Same-Sex Union For This Purpose, by Joanna Grossman, whose writing thus far proves her to be, at least to me, the foremost academic expert on these issues.

*The Case for a Right of Marriage Recognition: Why Fourteenth Amendment Due Process Should Protect Same-Sex Couples Who Change States, an interesting piece by Chicago attorney Steve Sanders.


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Supreme Judicial Court Refuses to Permit Retroactive Same-Sex Marital Benefits

In No Pre-Marriage Benefits for Same-Sex Couples Massachusetts Law Updates blog has reported on the latest Massachusetts Supreme Judicial Court case, Charron v. Amaral issued this past Thursday, in which the court put a very sensible limit on the reach of the Goodridge same-sex marriage case, in deciding that its prior constitutional holding in that case would not justify now ordering pre-marriage benefits (in this case, loss of consortium benefits in a medical malpractice case) to be applied retroactively for the benefit of a lesbian couple, for a cause of action that accrued before the couple was actually permitted to get married.

Although there were no dissents, it is interesting to see that Chief Justice Margaret Marshall, and two others, set out a different rationale in a separate concurrence, and thereby delineated some apparent differences on the court regarding the meaning of the Goodridge decision.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Academics Discuss California Same-Sex Marriage Case

I have compiled a list of articles by academics on the California same-sex marriage case; most of them appear at Findlaw's Writ. I have listed them here in chronological order, which may be useful if you are going to read them all, as many reference the previous articles. If you don't have time to read them all, I would suggest reading at least the last three - the two Grossman and McClain articles as they provide the best general overview and analysis, and Andrew Koppelman's piece, which helps to fit the case into a broader, national and historical perspective. (I wish I had time to write my own article on the subject right now, particularly to compare and contrast the California decision with the Massachusetts decision, as there are many more interesting points to be made. Maybe later.)

The California Same-Sex Marriage Ruling: What it Says, What it Means, and Why It's Right (Michael Dorf, May 19, 2008, Findlaw)

The California Supreme Court's Gay Marriage Opinion: The People of California Have the Power to Undo It By a Ballot Initiative Amending the State Constitution, But How Far Should That Power Extend? (Vikram Amar, May 22, 2008, Findlaw)

The California Supreme Court's Decision Equalizing Marriage for Gay and Straight Couples: Did the Court Overstep? (Edward Lazarus, May 23, 2008, Findlaw)

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough (Part One in a Two-Part Series of Columns) (Joanna Grossman and Linda McClain, May 27, 2008, Findlaw)

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: How Conservative Reasons Led to a Progressive Result (Part Two in a Two-Part Series of Columns)(Joanna Grossman and Linda McClain, May 28, 2008, Findlaw)

State of Chaos? (Andrew Koppelman, June 6, 2008, Balkinization Blog)


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

Father's Day Gift From the MCAD

Just in time for Father's Day, and much to the apparent dismay of employers, the Massachusetts Commission Against Discrimination recently gave a surprise gift to working fathers in this state. It seems the Massachusetts Commission Against Discrimination is now really getting serious about the issue of discrimination against men, and has abruptly decreed that the Massachusetts Maternity Leave Act applies to men. See Massachusetts Maternity Leave Act Applies to Men - Boston Employment Lawyer Blog and Massachusetts Lawyers Weekly - Men now eligible for maternity benefits.

From these reports, it appears that men may only be getting this equitable treatment now because someone figured out that continuing to discriminate against men in general would require discriminating against gay men as couples. As MCAD commissioner Martin Ebel put it:

If two women are married and adopt a child, then they are both entitled to leave under the [MMLA], and yet if two men are married and adopt a child, they would be entitled to no leave under a strict reading of the statute. That result was troubling to us, and we didn’t think it was in keeping with our mandate by statute, which is to eliminate, eradicate and prevent discrimination in Massachusetts.

Now, I have to wonder, if "maternity leave" can so easily be transformed into "parental leave," what exactly will be next? Will we have a federal Violence Against Men and Women Act(VAMWA), to replace the Violence Against Women Act(VAWA), in long-overdue recognition of the fact that domestic violence goes in every direction, male on female, female on male, male on male, and female on female? At last, will there be equal rights for male victims of domestic violence? I'm not holding my breath. But maybe equality is contagious.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

California Joins Massachusetts In Finding Right to Same-Sex Marriage

Jeffrey Lalloway at the California Divorce & Family Law Blog reports on news of today that is not just family law niche news, but is major national news: California's top court has overturned the gay marriage ban. The majority decision of the California Supreme Court, and all the concurring and dissenting opinions, can be found on the court's website here.

The 4-3 majority opinion by the California Supreme Court has resulted from a case with quite a different procedural and substantive history than that of our own historic Massachusetts Supreme Judicial Court decision declaring a right to same-sex marriage here nearly five years ago. For more on the history and the story leading up to the California decision released today, and for a link to video of the oral arguments before the court in this case, see my last post on this topic, Oral Arguments Heard in California Same-Sex Marriage Case.

But the California ruling will have much the same effect in California as the Massachusetts ruling had here: within a month, gay and lesbian couples all throughout California will be permitted to marry. Gay and lesbian Californians will no longer have to settle simply for domestic partnerships.

As a result, California now joins Massachusetts as the second state in the nation to recognize, based on its own state constitution, the full right of gay and lesbian couples to the institution of marriage. Now, we should have our eyes on Connecticut, where another important decision should be coming soon.

For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.