California High Court Considers Marriage Challenge

Court Alerts

[##_1L|1147615251.jpg|width="104" height="138" alt=""|_##]The Supreme Court of California began receiving briefs Monday in a case that challenges a state law that defines marriage as the union of one man and one woman. Gay activists charge it "segregates them and their families from the rest of society," the Contra Costa Times reported. "This separation sends a powerful message," read a brief filed by the city of San Francisco, "one that reinforces in the public mind the already entrenched inferior status of lesbians and gay men. The message is easily understood: the state will recognize, but it will not honor, lesbian and gay family relationships."

Former Assemblyman Larry Bowler, a family advocate, said the court should defer to voters.

"At least four justices on that San Francisco bench are against the broad majority of California voters, who want marriage preserved and protected," he said. "The high court could deal a low blow to the voters by creating so-called 'same-sex marriages' in late 2007 or early 2008."
Liberty Counsel filed a brief representing Campaign for California Families. It challenged the assertion that protecting marriage is discriminatory.

"They aren't arguing for a minor change in marriage, but for a deconstruction of the entire institution of marriage," read a news release from the non-profit legal group. "The essence of marriage has always been the union of one man and one woman. We have never allowed any other human relationships to be united under the banner of marriage."

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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