The following is a guest blog post by Frederick Hertz, an attorney and mediator based in Oakland, CA, and the author of the ABA treatise Counseling Unmarried Couples: A Guide to Effective Representation.
One of the worst forms of discrimination against same-sex couples is discrimination in the form of legal complexity. The twists and turns of same-sex partnership law over the past ten years—both in California and federally—have resulted in a morass of legal uncertainty, and the litigation flowing from these complications is just now beginning to hit the appellate courts.
Washington recently became the seventh state (after Connecticut, Iowa, Massachusetts, New York, New Hampshire, and Vermont) along with the District of Columbia to allow same-sex marriage. If the law stands, Washington will be the first state with community property (other than California) to allow same-sex marriage.