California Family Law Attorney Issues Statement on Anticipated Supreme Court Proposition 8 Ruling

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The California Supreme Court has heard argument on the validity of Proposition 8, the statewide ballot initiative banning same-sex marriage. The Supreme Court decision is bound to come sooner rather than later since the lives of an estimated 18,000 same-sex couples who have already married under California law hang in legal limbo.

It is foreseeable that the Court will rule that the people have an inalienable right to amend the Constitution as they see fit, but a change to core constitutional guarantees of equal protection of the Constitution that would selectively deprive a disfavored suspect class of fundamental rights must be subject to the rigors of the Constitutional revision process

Los Angeles, California -- The California Supreme Court heard oral argument earlier this month on the validity of Proposition 8, a measure banning same-sex marriage that California voters approved in November 2008. According to California Family Law attorney Mary Ellen Waller of the law offices of Feinberg & Waller, A Professional Corporation, the California Supreme Court may produce a ruling that Proposition 8 is unconstitutional without reaching the issue of the Proposition's effect on the same-sex marriages already legally performed in California.

The news media, including The Wall Street Journal and The Los Angeles Times, have predicted that the California Supreme Court indicated that it will uphold Proposition 8 but will also let the estimated 18,000 California same-sex marriages stand. If that projection is correct, it will essentially make for three classes of people in California, those who can marry, those who cannot marry, and the limited class of approximately 18,000 same-sex couples who married during a window of time when the California Supreme Court allowed same-sex marriages to take place. Waller notes that the already complex field of family law will become even more intricate if the estimated 18,000 same-sex marriages are allowed to stand creating three classes of people. Detailed insights on continuing education on same-sex marriage issues within the California Family Law Bar and potential legal ramifications are revealed in this statement.

According to Waller the media may have read this one wrong, noting that it is ill-advised to simply look to the oral arguments themselves to make a determination of the outcome, as there is likelihood that the vote on Proposition 8 will be overturned. "It is foreseeable that the Court will rule that the people have an inalienable right to amend the Constitution as they see fit, but a change to core constitutional guarantees of equal protection of the Constitution that would selectively deprive a disfavored suspect class of fundamental rights must be subject to the rigors of the Constitutional revision process," she said.

An in-depth analysis and report on the Supreme Court Hearing on Proposition 8 can be found at http://www.TheCaliforniaFamilyLawBlog.com.

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Marshall Waller
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