Today, the California Supreme Court ruled that a ban on gay marriages is unconstitutional. The Court ruled in a 4-3 decision that Section 300 of the California Constitution limiting the designation of marriage to a union between a man and a woman is unconstitutional and must be stricken from the statute; furthermore, the remaining statutory language (regarding rights, etc.) must be understood as making the designation of marriage available both to opposite sex and same-sex couples.

Effect on Benefit Plans

Although it is uncertain what the legislature may do regarding current California Domestic Partner legislation, we do know that officials will direct county clerks to begin issuing marriage licenses to same sex couples as soon as today.

Insurance policies typically define spouses as “legal spouses.” A California same-sex marriage is now legal. Insurers in California must recognize the legal status of all marriage partners.

National Perspective

California is now the second state (Massachusetts is the other) to recognize same sex marriages. Under the federal scheme, states typically will recognize marriages in another state to be legal for purposes of its own state laws. As a result, the California decision will have a far-reaching effect.

Since this is a state law issue and there is no diversity of law, the U.S. Supreme Court will most likely have no jurisdiction to weigh in on this issue.

We will keep you informed of developments.

Copyright © 2008 Alfred B. Fowler, Attorney at Law.
All Rights Reserved. Reprint with permission only.
This legislative update is published as an information source for our clients and colleagues.
It is general in its nature and is no substitute for legal advice or opinion in any particular case.
 

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