Skip to main content
Domestic Partnerships

Battle is Waged on Two Fronts Now That California’s Proposition 8 is Upheld

By June 12, 2009February 27th, 2024No Comments2 min read

Even though the California Supreme Court reached its decision to uphold the same-sex marriage ban, both Proposition 8 supporters and opponents still have a lot of work ahead of them. The Los Angeles Times reports that fund raising efforts have begun on both sides, as the possibility of voter re-amendment of the constitution in 2010 to restore gay marriage is being planned. Strangely enough, the two rival lawyers in the Bush v. Gore case are now working together and have set the stage for a federal challenge to Proposition 8, as discussed in the San Diego Union Tribune. They’ve filed a federal case arguing that the ban violates the United States Constitution, and eventually the case may end up before the United States Supreme Court. Until now, this route had been avoided because of the Court’s conservative majority. A blog also notes that they’ve asked for a preliminary injunction to immediately allow same-sex marriage in California, with a hearing on this set for July 2.

At least for now, the uncertainty surrounding same-sex marriage continues, but committed couples can secure many important rights and benefits by forming a California domestic partnership. These rights and protections include family rights, the right to make medical care decisions, property rights, and inheritance protections. We’ll discuss the pros and cons in forming a domestic partnership so you and your partner can make the best decision for your relationship. Based on that, our family law attorneys can help you create a domestic partnership, or carefully prepare a cohabitation agreement that will meet your goals. Couples should also create documents such as a will and living trust to provide further financial and legal protection. Speak with our attorneys at Minella Law Group by calling (619) 289-7948.