Supreme Court Takes Up Federal Right to Same-Sex Marriage

153140057From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. Continue reading

Divorce Equality?

75627516Before they could legally marry, many long-term same-sex couples thought of themselves as “married,” but if these couples did marry when they were able to and then got divorced, they learned that California law doesn’t think the same way.

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Going to the Chapel in Another State: IRS Ruling Extends Same-Sex Marriage to Couples Nationwide

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In a swift and decisive ruling, the IRS concluded that same-sex couples lawfully married in the state of celebration are married for federal tax purposes regardless of residence. Rev Rul 2013–17. The ruling effectively extends same-sex marriage to couples nationwide. Continue reading

The Engagement Is Off! Who Keeps the Ring?

163836521The recent Supreme Court decision that permitted same-sex marriages to resume in California may mean more engagement rings will be given here than ever. It’s a good time to brush up on the law—do you know who gets to keep the ring if the engagement is broken?
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Going to the Chapel or Staying Alive: Marital Deduction for Registered Domestic Partners after Windsor

blog_78156121It may not be too soon to draw some inferences from the Supreme Court’s decision in U.S. v Windsor extending federal law benefits of marriage to lawfully married same-sex spouses.  Continue reading

The Complications of Same-Sex Marriage in a Time of Changing Options

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.

rings_159135126One 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. Continue reading

Whither Windsor: What to Do About the Estate Tax Marital Deduction While the Court Considers DOMA

hands_147261872Updated: The Supreme Court heard oral argument in Windsor v U.S. on March 27, 2013, with negative implications for domestic partners, as discussed in the April 2013 issue of CEB’s Estate Planning & California Probate Reporter.

The U. S. Supreme Court’s grant of review in Windsor v U.S. puts the marital deduction in doubt for same-sex surviving spouses but it doesn’t change the advice: for now, practitioners should keep filing estate tax returns claiming the marital deduction until someone tells them to stop. Continue reading

Taking the Guesswork Out of Community Property for Washington Domestic Partners in California

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. Continue reading

Judge Strikes Down Proposition 8

 

Updated: On December 7, 2012, the U.S. Supreme Court announced that it will review Perry v  Schwarzenegger.

In his decision in Perry v  Schwarzenegger (.pdf), Chief U.S. District Judge Vaughn Walker overturned California’s gay-marriage ban, Proposition 8. As reported in the Huffington Post, Judge Walker stated that “Proposition 8 singles out gays and lesbians and legitimates their unequal treatment,” and “perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships….”

The opponents of Proposition 8 celebrate, while, as Law.com reports, the proponents of the proposition plan their appeal.

On legal issues related to same-sex marriage, check out CEB’s California Domestic Partnerships, chap 4A (Cal CEB 2005), which is updated annually.

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© The Regents of the University of California, 2010. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

ABA To Consider Measure Supporting Same-Sex Marriage

Update: The ABA voted overwhelmingly to support same-sex marriage.

At its meeting on August 5-10 in San Francisco, the American Bar Association will consider adopting a measure supporting same-sex marriage. The measure is sponsored by 14 groups and urges state, territorial, and tribal governments to eliminate laws restricting marriage between same-sex partners.

As reported by Law.com, the measure’s supporters claim it will build on past ABA policies supporting protections for gay couples and their families, including a 2004 recommendation opposing efforts to enact federal legislation preventing states from allowing same-sex marriage. There is no formal opposition to the measure.

On same-sex marriage in relation to domestic partnerships, check out CEB’s award-winning book California Domestic Partnerships, chap 4A (Cal CEB 2005).

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© The Regents of the University of California, 2010. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.