X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The First District Court of Appeal concluded 2-1 that California’s ban on same-sex marriage is constitutional, analyzing it under a rational-basis test. The opinion ( .pdf), written by Justice William McGuiness with Justice Joanne Parrilli concurring, represents a victory for lawyers defending a one-man, one-woman definition, and overturned a lower court ruling that had previously concluded that the ban on same-sex marriage violated the state Constitution. Justice J. Anthony Kline dissented from Thursday’s decision. Proponents of gay marriage had won the initial round last year. Applying strict-scrutiny analysis ( .pdf), San Francisco Superior Court Judge Richard Kramer found California’s ban on same-sex marriage unconstitutional. Though he added that he would have found the same even under a more forgiving rational-basis test, the level of analysis that should be applied continued to be a key point of contention before the First District. And undoubtedly, both sides will continue to press that point as the case continues on to the state Supreme Court.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.