X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The California Supreme Court had Judge Loren McMaster’s back Wednesday. When the Sacramento County Superior Court judge upheld an expansion of domestic partner rights last year, his ruling prompted a fledgling grassroots effort to knock him off the bench, and an appeal. But the high court, minus an absent Justice Janice Rogers Brown, declined a petition for review in Knight v. Schwarzenegger, S133961. That leaves in place a 3rd District Court of Appeal opinion that concluded McMaster had reached the decision “compelled by the law.” The Proposition 22 Legal Defense and Education Fund had argued that state politicians illegally amended a voter-passed initiative when they passed Assembly Bill 205, essentially treating same-sex couples too much like married couples. Prop 22, passed in 2000, states that California only recognizes marriages between a man and a woman. “The Supreme Court sustained a decision that essentially allows the Legislature to play semantic games in order to overrule the will of the people,” said Robert Tyler, who represented the fund. Attorney General Bill Lockyer was “personally very happy with the result,” a spokesman said. David Codell, a Los Angeles attorney who jumped into the case to defend the law on behalf of Equality California, said he was particularly pleased to have the 3rd District opinion stand because it contrasts the rights given to domestic partners and spouses and can be cited in future cases. (Codell also argued on behalf of 12 pairs of domestic partners in Knight, including San Francisco Superior Court Judges Donna Hitchens and Nancy Davis.) Though McMaster’s critics have a little longer to get a recall question on the electoral ballot, the official proponent says the effort has already been abandoned. After the 3rd District’s affirmation of McMaster, and a San Francisco Superior Court judge’s recent conclusion that the state ban on gay marriage is unconstitutional, said Tony Andrade, Judge McMaster was no longer “an island.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

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 © 2020 ALM Media Properties, LLC. All Rights Reserved.