Analysis on California Supreme Court Hearing on Proposition 8

03/26/09 California Family Law Blog:

Mary Ellen Waller provides this analysis. She is an attorney with Feinberg & Waller, a Los Angeles "law firm practicing exclusively in the area of family law, including complex divorce and family law matters."

Here is one of her observations:

"The California Supreme Court may be able to avoid the issue as to the status of the same-sex marriages that have already taken place. The Court may very well 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."

Kate Kendell, executive director of the National Center on Lesbian Rights, told the Dallas Voice today that "she expects the court to affirm the validity of the roughly 18,000 same-sex marriages performed in California before voters approved Prop 8 in November ... because the law is clear on that issue."