The California Supreme Court Has Ruled
The California Supreme Court struck down the State’s ban on same-sex marriage today. In a 4-3 opinion, the court held, “[u]nder these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.” Slip Opinion at 12.Referring to Family Code section 300, the Court ordered that “the language of section 300 limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute, and... the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. Slip Opinion at 120.
Read the Court's press release at: http://www.courtinfo.ca.gov/presscenter/newsreleases/NR26-08.PDF
The California Supreme Court has expedited the briefing schedule and hearing on this matter. The oral argument is set for March 5th, 2009. Frieda Gordon, along with other members of the Association of Certified Family Law Specialists were asked to write an amicus brief.