Proposition 8 in the U.S. Supreme Court
- March 27, 2013
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After the first day of the United States Supreme Court hearings relating to same-sex marriage, as they considered California’s Proposition 8 ban on same-sex marriage, little is known about what the Supreme Court will decide. In fact, from Justice Kennedy’s comments, whether the Supreme Court will decide the question of Proposition 8 at all is on the minds of those following this issue which will make so much difference for so many. Yesterday’s comments by Justice Kennedy regarding the Court’s need to tread lightly when entering “uncharted waters” and that reference to the destination in the court’s decision being “a cliff” left some believing that the U.S. Supreme Court may dismiss Proposition 8 and leave the issue of gay marriage to the states for at least another year. If the Supreme Court dismisses the matter of Proposition 8, only California would be affected. Gay and lesbian marriages in California could proceed but the issue of same-sex marriage in other states would not be impacted. The statements of the Justices will now weigh on the minds of many until June when the decision is expected. Today the Supreme Court will hear arguments as to whether the 1996 federal Defense of Marriage Act (DOMA) should be struck down. DOMA denies federal benefits to married gay and lesbian couples even in states where same sex marriage is recognized and accompanied by the benefits thereof. As of now, 30 states have constitutional amendments which prohibit same-sex marriage and there are only 9 states which recognize same-sex marriage. For more information on civil union, marriage, domestic partnership, pre-nuptial agreements, post-nuptial agreements, palimony agreements, dissolution, divorce, child support, custody, parenting time/visitation, adoption, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.