Here’s an interesting court case that could broaden support for same-sex marriage.
http://www.latimes.com/...
In a nutshell, a California man and woman divorced. The woman entered into a relationship with a woman that is registered with the state as a domestic partnership. The man went to court seeking to end alimony payments to his ex-wife because she is now in a new spousal relationship. Man argued that domestic partnership, although called something other than marriage, was written to mirror the same rights as marriage. California law states alimony ends when the former spouse remarries. Orange County judge ruled registered partnership is NOT marriage, but cohabitation, and the man must continue to pay alimony.
More after the break...
From the LA Times:
Proponents of same-sex marriage typically argue that gay couples will not have the full rights of heterosexuals until they too can marry. The Orange County case, however, shows how heterosexuals can be the collateral damage of the lesser legal status of domestic partnership.
The case is a little more complicated because by the time the man signed the alimony agreement, he knew of the same-sex relationship but did not know it had been registered as a domestic partnership. I am not a lawyer, but I think the judge’s decision had more to do with the legal standing of a domestic partnership and whether it is equivalent to marriage.
Last year, a Court of Appeals upheld the state’s ban on same-sex marriage, ruling it was up to the state legislature to decide. However, the California Supreme Court has signaled it is considering the issue and has asked for written arguments on the distinctions between marriage and domestic partnerships.
Lawyers in favor of same-sex marriage are watching the Orange County alimony case and say they will cite it to the state high court as an argument for uniting gay and heterosexual couples under one system: marriage.
(snip)
Therese Stewart, San Francisco's chief deputy city attorney, said the alimony ruling and other gaps in the domestic partnership law "highlight the irrationality of having a separate, unequal scheme" for same-sex partners.
The state’s domestic partnership law has produced other legal disputes involving health care, property taxes and couples moving out of state.
I haven't heard any noise but I imagine the wingnuts will be furious over this decision. He still has to pay alimony??? But, but, but...
But, the only way to remedy the situation would be to grant full same-sex marriage. Heads explode.