Court challenge fails to stop Calif. gay marriages
Legal News Feed
The California Supreme Court refused Wednesday to halt gay marriages in the state, leaving opponents of same-sex weddings few if any legal options to stop the unions.
The brief, unanimous ruling tossed out a legal challenge by ban supporters without addressing their legal arguments in support of Proposition 8, a ballot measure passed by voter in 2008 that banned gay marriage.
Austin R. Nimocks, an attorney for Alliance Defending Freedom, a group that wants to end gay marriage, said the ruling does not end the debate in California. He called on lawmakers to ban gay marriage but declined to say whether a legal challenge will be filed.
"Though the current California officials are unwilling to enforce the state constitution, we remain hopeful that one day Californians will elect officials who will" he said.
Supporters of gay marriage were girding for a continued fight.
"By now, I suppose we know better than to predict that Prop 8 proponents will actually give up their fight," San Francisco City Attorney Dennis Herrera said. "But it's certainly fair to say that their remaining legal options are increasingly absurd."
The state high court ruling came about two months after the U.S. Supreme Court refused to consider the issue, leaving in place a lower-court ruling that struck down the ballot measure as unconstitutional.
Related listings
-
Court: Police can take DNA swabs from arrestees
Legal News Feed 06/03/2013A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting. "Taking and analyzing a cheek swab of the arrestee DNA is, like ...
-
SC court nixes James Brown estate settlement
Legal News Feed 03/04/2013The South Carolina Supreme Court on Wednesday overturned a settlement divvying up the multi-million dollar estate of James Brown, saying a former attorney general didn't follow the late soul singer's wishes in putting together the deal. Attorney Gene...
-
Lawyers: Colo shooting suspect can't go to hearing
Legal News Feed 11/15/2012A court hearing for the man charged with the Colorado movie theater killings has been postponed after his attorneys said Wednesday that he had been taken to a hospital for unspecified reasons. Court documents filed Wednesday gave no details of James ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.