SF City Attorney ready to lend a hand in federal gay marriage case

Dennis Herrera, ’s petitioned a U.S. District Thursday to allow to intervene as a party in a to Proposition 8, the voter-approved amendment that bans in California. The was filed in May on behalf of two California . the legal battle that resulted in the May 2008 ruling in favor of that was later overruled by Prop 8. “We are long overdue to put anti- on trial based on the facts,” said Herrera in a statement. “The ’s Office has the experience and expertise to aggressively assist in doing precisely that.”See City Attorney ready to lend a hand in federal gay marriage case The Examiner

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Same-sex marriages gradually gain legal ground

When ’s highest court ruled two years ago that Marilyn Kirby and could adopt the two children they had cared for since 2001, the man who has the state battle against for 25 years got a glimpse of the defeat now looming.

“There’s a sense have — a sense of inevitability — and a tremendous sense of because of the history of the rights fight in ,” said , of the Family Policy Council.

 
He was referring to rights incrementally accorded to that have to virtual between same- and — a significant trend occurring in and other states where remains banned, experts on both sides of the issue agree.

Those rights are expanding as legally married relocate to states that don’t allow same- , forcing courts, legislatures and employers to deal with the resulting issues of custody, , and end-of-life .

The ruling in had the effect of granting to same- . By the time the Legislature adjourns for the summer, experts expect to become the fifth state to legalize same- after voters banned it.

In New York, which doesn’t allow same- marriages but recognizes those conducted elsewhere, recent court have granted a to two men and surviving to another.

In California, have twice overruled by the to deny to employees’ legal spouses, teeing up a to the 1996 Defense of , which forbids federal benefits for same- .

Same- is legal in , Iowa, and , which began the trend five years ago. (Iowa issued its first licenses 27, a few weeks after its gave approval; in will begin in September.) Within a year, , , New Jersey and New York will probably follow suit, say scholars at the UCLA School of Law’s Williams Institute; ’s approved a same- bill Wednesday.

And as more same- wed in places where it is legal, the administrative in other states is expected to keep expanding.

“The courts are going to have to wrestle with these issues as more and more states make it possible for to marry,” said Toni Broaddus, of the -based Federation. “ don’t stay in the same state for their whole lives anymore, so the courts in states without are going to have to these issues.”

The recent moves in and the to legalize appeared to reinvigorate for passage of same- bills in , Maryland and . Rights predict the tide will eventually sweep even into some of the 30-plus states that have passed laws or constitutional defining as between a man and a .

“A body of law is emerging because it has no choice. Cases have been filed and they have to be decided one way or another,” said Joseph Milizio, a specializing in and representation.

The legal developments allow to become comfortable with “the fact that is going to be recognized in many different aspects, even in states that don’t allow it,” said Milizio, whose firm recently secured the first dissolution of a same- in New York.

In the workplace, of extending spousal rights such as healthcare benefits and life to same- have succeeded by challenging practices that discriminate on the basis of . Seven states, including California, now full to same- — another incremental advance that is lamented by .

 See Same-sex marriages gradually gain legal ground

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Rights groups gird for continued Prop 8 fight

(, California) While the California considers a ruling in the to Proposition 8, LGBT are not waiting for a .

California, the state’s largest LGBT , has hired Marc to its division.  was the founder …

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Rights groups gird for continued Prop 8 fight

(, California) While the California considers a ruling in the to Proposition 8, LGBT are not waiting for a .

California, the state’s largest LGBT , has hired Marc to its division.  was the founder …

Read more….

Tags: , , , , , , , , , ,

Wisc. partner measure may lead to constitutional challenge

(Madison, Wisconsin) . ’s proposed registry for same- is likely to to a lawsuit if approved by the legislature, a is warning.

Doyle, a , included the registry in the presented to last week. The measure also would provide

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