FAMILY LAW CASES

• In re Marriage Cases
• In re Marriage of Holtemann

Supreme Court of California, May 15, 2008
In re Marriage Cases, No. S147999
In an action challenging California's ban on gay marriage, the state Supreme Court rules that the California Constitution must be interpreted to guarantee the fundamental constitutional right to form a family relationship to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples. The laws at issue are unconstitutional to the extent each statute reserves the designation of "marriage" exclusively to opposite-sex couples and denies same-sex couples access to that designation. The purpose underlying differential treatment of opposite-sex and same-sex couples embodied in California's current marriage statutes, the interest in retaining the traditional and well-established definition of marriage, is not a compelling state interest for purposes of the equal protection clause. Read more...

California Appellate Districts, May 12, 2008
In re Marriage of Holtemann, No. B203089
In a dispute about the legal effect of a spousal property transmutation agreement executed during marriage, judgment finding the underlying agreement effectuated a transmutation of husband's separate property into community property is affirmed where: 1) the unambiguous language in the parties' agreement evinced that the husband intended to, and did transmute his separate property; 2) nothing in the record suggested that the husband was misinformed or misled in light of the requisite express, unequivocal declarations of transmutations; and 3) his arguments for disparate treatment of his express declarations of transmutation based on his lack of separate counsel were unavailing, as he was fully advised of the consequences of failing to secure separate counsel, yet chose to proceed. Read more...