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Court Inaction May Restore Gay Marriage in California

The United States Supreme Court has been somewhat reluctant to use the Proposition 8 rule concerning California as a statute that should declare all gay Americans have the right to wed as outlined in the Constitution of the United States. Still, some are hopeful that gay marriage may still return to the state even if there is never a specified verdict that will span the entire Unite Stats The high court's forthcoming ruling may allow same-sex marriage to resume in the state of California, according to KTVU.

Four years ago, gay Californians won the right to wed in the state courts and then lost the right a few months later when the proposition was put to a vote. Now, the Supreme Court is reviewing that action, as gay rights' advocates argue that it was unconstitutional for the California government to put the statute to the vote and subject the measure to people's own prejudice.

Some experts suspect that an actual court decision on the issue won't be underway until June, and there are a range of possibilities even then. Some experts claim that marriage will resume statewide after the ruling, while others believe that the riling may only affect the two original plaintiffs who started the case and the residents of the counties where they live.

Unless the five justices on the case deem Proposition 8 constitutional, there is a chance that the court will dismiss the case. In this instance, the state of California would legalize gay marriage, voiding the ballot box vote and reverting to the original court decision made in California.

California is the state with more same-sex households than anywhere in the nation, and there are at least 18,000 same-sex couples who were married in the short amount of time before Proposition 8 voided the legal right to be married to a homosexual partner in the state. If you want more information about family law in regards to LGBT relationships, a compassionate and caring Los Angeles family attorney at Claery & Green can assist you!