History of Same Sex Divorce in California and Los Angeles
April 29, 2015
According to Frederick Hertz, an expert LGBT divorce attorney, LGBT marriages or the marriages of the people from lesbian, gay, bisexual, and transgender communities have been legalized in California long back in 2008 and those who married with same-sex people since then are allowed to enjoy all the rules of marriage along with divorce. Before you move further to know the history of LGBT divorce you should have a glimpse of the history of same-sex marriages in California and Los Angeles.
Five civil lawsuits were filed by the litigants in February 20014 in Superior court of San Francisco and one in the Superior court of Los Angeles to stop the issuance of same-sex marriage licenses by San Francisco. All the six cases were later on coordinated in to In re Marriage Cases and assigned to the judge of Superior Court of San Francisco who overturned the Proposition 8 of California statutes.
LGBT or same-sex marriages were legally accepted by the State of California, US for the first time on 16th June, 2008, when on basis of the ruling of Supreme Court of California In re Marriage Cases the State of California started issuing marriage licenses to the couples marrying same-sex people. In its ruling Supreme Court of California said that the constitution of the state was violated by baring the marriages of same-sex people. The issuance of these licenses was withheld from 5th November, 2008 to 27th June 2013 due to passing a state constitutional amendment known as the Proposition 8 to bar the same-sex marriages. But during this period the existing same sex marriages continued to remain valid. Following the decision of United States Supreme Court in Hollingsworth v. Perry case the grant for same-sex marriages restarted by restoring the ruling of federal district court of California which reversed and illegalized the Proposition 8.
Mr. Vaughn Walker, the Chief Judge of United States District Court, declared Constitution in Hollingsworth v. Perry case that Proposition 8 violates the clauses of Due Process and Equal Protection of the U.S. Constitution on 4th August, 2010. But on 7th February, 2012 this decision was upheld by the Ninth Circuit Court of Appeals. On 31st July, 2012, Perry v. Brown case in Ninth Circuit was appealed to the U.S. Supreme Court. The court granted it a review like that of Hollingsworth v. Perry and on 26th June 2013 it gave its decision. The court gave this decision on the grounds that the officials who sponsored Proposition 8 had no legal right to appeal the decision of district court when it was refused by the public officials of the state. Supreme Court vacated the judgment of Ninth Circuit and returned the case to it and instructed the court to dismiss the appeal of the sponsors of Proposition 8. Thus the stay on the federal district court decision was vacated on 28th June, 2013 and ban on same-sex marriages was lifted. Many LGBT couples married later on the same day.
So, if you or any of your loved ones is finding it difficult to continue their same-sex married life then they should contact an experienced LGBT divorce attorney who knows how to deal with LGT family law and can resolve the issues of LGBT child custody as required by your case. All these issues are complicated and cannot be resolved without an attorney who is well versed with LGBT family laws. The LGBT child custody is one of the issues for same-sex divorcees for which lesbians and gays have to suffer for several years to resolve them if they have not contacted a suitable divorce attorney for this purpose.