Proposition 8 in the U.S. Supreme Court

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.

Gay Marriage Cases to Be Heard By US Supreme Court in 2013

2013 will definitely be a year to remember as the United States Supreme Court announced it has decided to hear two gay marriage cases, California's ban on gay marriages and the challenge to the federal Defense of Marriage Act (DOMA). Although not New Jersey cases, the impact for New Jersey residents could be considerable. Even though New Jersey recognizes Civil Unions, same-sex marriages are not recognized. In addition, Domestic Partnerships that were previously entered remain valid, however, new domestic partnerships are available only to couples in which both partners are at least 62 years old. In reviewing DOMA, enacted in 1996, the US Supreme Court will review the way things such as health insurance, medical leave, taxes and similar issues will be handled for same-sex couples. President Obama publicly announced his administration would no longer defend DOMA, as it violated the equal protection guarantees of the United States Constitution, and multiple state courts have declared the law unconstitutional. In reviewing California's Proposition 8 matter, the Supreme Court will directly address the fundamental question of whether same-sex couples have the right to marry. Although the New Jersey Senate and the New Jersey House of Representatives passed the Marriage Equality and Religious Exemption Act, Governor Chris Christie vetoed it. Governor Christie made clear his choice was not to allow "political maneuvering" to decide the issue but to allow LGBT proponents to bring the issue to the ballot where the people of New Jersey can make the final decision on whether same-sex marriage will stand in this state. For information regarding same-sex law in New Jersey, including civil unions, domestic partnerships, adoption, dissolution, custody, child support, support agreements, property division or other legal concerns of gay, lesbian, bisexual, transgender couples 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.