NJ Family Issues » Civil Union

California Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license

PaulKostro — Wed, 04 Aug 2010 22:15:58 +0000

NEWS: Perry et al v. Schwarzenegger et al, U.S. District Court for the Northern District of California, 3:09-cv-02292; Chief Judge Vaughn R Walker, August 4, 2010:

In this case, Plaintiffs challenge a November 2008 voter-enacted amendment to the California Constitution (“Proposition 8” or “Prop 8”).

The court concluded: Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that oppositesex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

For more information, go HERE.

Special thank you to Brian Boyle, Esq., who brought this decision to my attention.

Note: There is a print link embedded within this post, please visit this post to print it.

This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ; including the municipalities of Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; Dunellen 08812; East Brunswick 08816; Edison 08817; Jamesburg 08831; Metuchen 08840; New Brunswick 08901; Old Bridge 08857; Perth Amboy 08861; Sayreville 08871; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey. My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements. My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200 Adwokat / Prawnik Adwokaci Pawel Kostro mowi po polsku.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

Is the Civil Union Act, N.J.S.A. 37:1-28 to -36, constitutional?

PaulKostro — Tue, 27 Jul 2010 12:43:19 +0000

NEWS: Is the Civil Union Act, N.J.S.A. 37:1-28 to -36, constitutional? The Supreme Court of N.J. cannot decide yet.

This matter cannot be decided without the development of an appropriate trial-like record. Plaintiffs’ motion for an order in aid of litigant’s rights, Rule 1:10-3, is therefore denied without prejudice to plaintiffs filing an action in Superior Court and seeking to create a record there. We reach no conclusion on the merits of plaintiffs’ allegations regarding the constitutionality of the Civil Union Act, N.J.S.A. 37:1-28 to -36.

[Lewis v. Harris, Order, SUPREME COURT OF NEW JERSEY, M-949 September Term 2009, 058389]

For more information, see my prior Blog Post: Although a fundamental right to same-sex marriage does not exist in N.J., the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under N.J.’s State Constitution.

Note: There is a print link embedded within this post, please visit this post to print it.

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

Breaking up civil unions

PaulKostro — Thu, 31 Dec 2009 14:59:53 +0000

Breaking up civil unions — read more here: Dissolving civil unions is anything but simple, by Mary Fuchs, published in The Star-Ledger.

Note: There is a print link embedded within this post, please visit this post to print it.

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

Technorati Tags: , and easy technorati tags for wordpress plugin