A Rose by Any Other Name. . .
May 16, 2008 11:54 am Current Events, Estate PlanningChange is in the air for same-sex partnerships in California. The CA Supreme Court ruled yesterday to recognize gay marriage, a ruling that is meeting with mixed but strong reactions throughout the state—and the country.
The overall significance of this ruling has yet to be seen. California was one of the few states sympathetic to gay partnership, according to the LA Times, and had already “passed one of the strongest domestic partnership laws in the country, giving registered same-sex couples most of the rights of married people.” The opinion of the court, however, was that the domestic partnership law was not enough. “Giving a different name, such as ‘domestic partnership,’ to the official family relationship of same-sex couples imposes appreciable harm both on the couples and their children.”
The ruling could presage change in other states across the country. Although recognition of marriage is a state issue, and other states would not be required to recognize same-sex marriages performed in California, Pennsylvania constitutional law Professor Kermit Roosevelt predicts that more states will eventually follow California’s example.
Under the circumstances, it would be wise for same sex couples to consult their estate planning attorney if and when the change becomes law. Regardless of how the court ruling plays out in the months to come, the priority of every family is going to be protecting and providing for the ones they love.
