Monday, May 19, 2008

Same sex marriage now allowed in California

On March 15, 2008, the California Supreme Court ruled that same sex couples in California can get married. The Court ruled in a 172 page opinion that "...in light of the conclusions we reach concerning theconstitutional questions brought to us for resolution, we determine that thelanguage of section 300 limiting the designation of marriage to a union between aman and a woman is unconstitutional and must be stricken from the statute, andthat the remaining statutory language must be understood as making thedesignation of marriage available both to opposite-sex and same-sex couples. Inaddition, because the limitation of marriage to opposite-sex couples imposed bysection 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand."

How this will affect immmigration is still to be determined. The Defense of Marriage Act (DOMA) prevents recognition of same sex marriages as it defined marriage as the union between a "man and a woman". So what will immigration do?