California Labor &
Employment Law Blog
May 26, 2009

California Supreme Court Upholds Voter Approved Constitutional Amendment Banning Same-Sex Marriage

Topics: Court Decisions

Earlier today, the California Supreme Court issued its decision in Strauss v. Horton, upholdingProposition 8, an initiative passed by California voters in November 2008 to amend the California Constitution to ban the right of same-sex couples to marry. The Court rejected a variety of constitutional challenges to the Proposition and ultimately concluded that the Proposition was a validly enacted constitutional amendment that must be enforced. Therefore, going forward, only marriages between a man and a woman are recognized as valid in California.

Interestingly, however, the California Supreme Court held that Proposition 8 is not retroactive. Thus, same-sex marriages entered into prior to theeffective dateof Proposition 8 (and following the Supreme Court's prior decision in In re Marriage Cases) continue to be valid in California.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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