Wednesday’s decision by the Massachusetts State Judicial
Court to legalize same-sex marriage is reverberating across the
nation and will be a major topic of discussion today at a UCLA
School of Law panel event.
The annual event, hosted by the Charles R. Williams Project,
will feature discussions on developments in the sexual orientation
law over the past year, including the Massachusetts ruling.
The highest court in Massachusetts requested that the
Legislature produce a bill allowing the marriage of same-sex
couples.
Citing constitutional breaches in their majority opinion, four
of the high court’s seven judges argued “the history of
our nation has demonstrated that separate is seldom, if ever,
equal,” and that same-sex couples should be allowed to
marry.
At this point it is unclear how the high court’s ruling
will affect California law, said University of Southern California
law Professor David Cruz, who will be a moderator for one of the
panel discussions.
“We don’t know yet whether the Legislature will act
in the spirit of the ruling,” Cruz said.
The decision could affect same-sex couples around the nation in
a number of ways.
An existing Massachusetts law states that couples are required
to marry in their home state, so it is unclear if the Legislature
will broaden the law and allow out-of-state marriages, Cruz
said.
In addition, it is unclear how the California Legislature will
react to same-sex married couples moving to California.
If a same-sex couple married in Boston and then moved to Los
Angeles, and California refused to recognize their marriage, they
could sue the state on the grounds of being denied their marital
rights, which could ultimately affect California law, Cruz
said.
In a statement released by the White House on Wednesday, the
president denounced the Massachusetts ruling and called for a
defense of “the sanctity of marriage.”
This ruling marks a pivotal year in sexual orientation law, said
UCLA law professor Brad Sears, adding that since last year’s
panels, courts around the country have doled out a number of
influential decisions on the issue.
Sears is director of the Williams Project, a UCLA Law School
think tank focusing on sexual orientation law and its effect on
privacy rights.
“We want to keep the legal community abreast of
what’s going on in the field,” Sears said.
As keynote speaker, Ninth Circuit Appeals Court Judge Stephen R.
Reinhardt will address the Supreme Court ruling of Lawrence and
Garner v. Texas, which occurred in June 2003.
Reinhardt will speak about the implications of the ruling, which
struck down a Texas anti-sodomy law and upheld certain privacy
rights.
Additional panels will explore issues of legal recognition for
same-sex couples, and more specifically, the effects of lesbian,
gay, bisexual and transgender children and youth.
“We hope people understand how critical these issues are
for gays and for everyone,” Sears said.
The event will take place in UCLA School of Law Room 1430
from 1 to 6 p.m. Those interested in attending can RSVP at (310)
267-4382.