There have been a number of oral arguments that have been raised concerning the ban on gay marriages in California. It mainly borders on whether the ban is constitutional or not. This issue has received a lot of attention today but according to comments provided by the justice of the Supreme Court, these arguments may not be able to reach the merits. This is an observation that was made by Tom Goldstein who is the founder of SCOTUblog.

This issue has been subjected to a vote in the Supreme Court. In this particular case, Justice Anthony M. Kennedy has a very important role to play. This is because his vote is considered as a swing vote. According to Goldstein, Kennedy subscribes to a different school of thought when it comes to the same sex marriages. According to him, the limited knowledge of social sciences does not allow the judges to use the wisdom of acting now in such a big issue. There are a number of factors which need to be considered.

According to Goldstein, this matter is likely to be assessed from two different angles. In both scenarios, the court is likely to allow the society some time to develop their views.

The first scenario according to Goldstein is meant to address the standing issue. California officials were forced to stop their defense of Proposition 8 which was meant to ban gay marriages. This happened after the federal judge dealing with the case decided to strike down the measure. This matter became a subject of debate and some groups came out in defense of Proposition 8. They took time to weigh in their thoughts about the initiative which was on appeal. According to Goldstein, the court may end up deciding that the supporters lack standing in the presence of a majority which is made up of Chief Justice John G. Roberts Jr. and liberals.

The second scenario would see the case getting dismissed on grounds of inability to gain the majority needed. This is one of the scenarios Kennedy was foreseeing as an argument. According to Goldstein, either option would be a step in the right direction for gay rights. It may not be a huge step but it is still significant. The journey of a thousand miles starts with a few baby steps.

Once the Supreme Court makes a standing decision the decision by the judges to strike down Proposition 8 would stay in place. The decision will acknowledge the fact that the rights of gays and lesbians to get married were violated. They were also denied the protection that should be accorded to them.

If a decision was made to dismiss the case then the decision to strike down Proposition 8 which was made by the 9th U.S Circuit Court of Appeals based in San Francisco that banned gay marriages that had initially been allowed by the California Supreme Court. According to the 9th Circuit, taking away the right for gays to get married after the California Supreme Court had allowed them was a violation of their right for equal protection.

If you have children, the issues in a will which need to be dealt with are:

• Who should be their guardians?
• Who will be responsible for their education?
• Who will be responsible for managing your financial affairs?
• It is important to decide who to appoint as Trustees.
• It is important to appoint as your Executor and Trustees people whom you know personally and not, for example, huge financial institutions.

THE MYTH: There is a common misconception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States. It is extremely important for women to know their rights. Not just in relation to children, but in relation to their  individual rights. Even if you shared a home with your partner for 15 years, and have several children together, if that relationship suddenly ends, you might find yourself without a home, unless there’s a contract in place.

Only 15 states recognize common law marriage. You can approach your attorney to help you draw up a simple document that gives you the same rights as a married woman, even if you’re not married. Do it for your peace of mind, and your children’s security.

IF YOU LIVE IN A STATE THAT DOES NOT RECOGNIZE COMMON LAW MARRIAGE, there is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don’t recommend experimenting with it! In situations like these, the mother is entitled to approach district court for the area she lives in to claim support from the father of the child. The court will make an order for an appropriate amount.

Is common law marriage a good thing for those seeking a legal same sex marriage? Perhaps, but only if they reside in one of those states or are willing to move to one of them. While there are currently many states permitting the unions and many same sex couples are marrying in those states, it is not a large enough number of states that it will accommodate the majority or even half of the number of same sex couples seeking a legal marriage in the US. Should a government have the power to tell you who you can marry and who you cannot in this day and age? That is up to your own personal opinion, but with the changes being made to help these couples, it would not be surprising to see in the next few years the entire country permitting same sex marriages.

Domestic partnerships are not treated like marriage under federal law. In addition to state-wide registries, many towns and cities have domestic partner registries where domestic partners (defined differently in different places — most include all couples, but a few are limited to same-sex couples only) can sign an affidavit that they meet certain criteria, pay a small fee, and become “registered” domestic partners. Usually these registries offer no immediate benefits, but other entities — like employers or insurance companies — can, if they wish, rely on the registry’s information to decide who is eligible for domestic partner health benefits, different insurance rates, etc. To find out if your locality registers domestic partners, contact the local agency that issues marriage licenses.

 We are unable to give legal advice on any personal situations.  If you have additional questions about common law marriage in your state, seek the assistance of a lawyer.

The point of the legislation is to improve and define the rights of children in line with our country’s Constitution. Part of what this legislation aims to do, is to define parental responsibilities and rights.

When the legislation was being drafted, experts used as their framework something called “The Best Interests of the Child Standard.” This means that in all matters concerning the care, protection and wellbeing of a child, the child’s best interests is of paramount importance – more so than the rights of the parent.

In laymen’s terms:

1. A child, male or female, becomes a major upon reaching 18.
2. The biological mother of a child has full parental responsibility of the child, whether she’s married or unmarried.
3. The biological father of a child has full parental responsibility of the child if he’s married to the child’s mother or if he was married to the child’s mother at the time of the child’s conception, birth or any time between the child’s conception and birth.
4. An unmarried biological father may ask a court of law to grant him full parental responsibilities if he:

• at the time of the child’s birth, is living with the mother in a permanent life partnership, or
• consents to be identified as the child’s father, or
• successfully applies to be identified as the child’s father, or
• pays damages in terms of Customary Law, or
• contributes or has tried to contribute to the child’s maintenance and upbringing for a reasonable period.

What does this mean?

It doesn’t matter whether the parents are married and they conceive a child, or, whether they marry after conception and before the birth of a child: they’re both equally responsible for that child. Nothing has changed as regards the law concerning minor children.

Full parental responsibilities and rights

In legal terms, what does the phrase “full parental responsibilities and rights” actually mean and include?

1. The responsibility and right to care for the child;
2. To maintain contact with the child;
3. To act as guardian of the child;
4. To contribute to the maintenance of the child.

When a child’s parents are not married, the mother remains the primary caregiver of the child and the father can apply for rights if he complies with one of the requirements mentioned above. Again, the natural father of a child born of unmarried parents still has to pay maintenance for a child under 18 years if age, whether he wants to or not.

This applies regardless of whether the child was born before or after the commencement of the new Act.