Archive for May, 2008

News Update: Same Sex Marriage in California

Q and A: Same-sex marriages (L.A. Times)
Here are some excerpts from the article:

In 2004, the California Supreme Court voided about 4,000 same-sex marriage licenses granted in San Francisco. Are those marriages now legally recognized by the state?
No. Those couples would have to remarry.”

Will the federal government recognize a California same-sex marriage?
The federal government does not recognize same-sex marriage. This means that married couples of the same sex cannot file joint federal income tax returns or receive federal spousal benefits, including those from the Social Security Administration or the Department of Veterans Affairs. A U.S. citizen who marries a foreigner of the same sex in California will not be allowed to sponsor the spouse to immigrate here.”

When will same-sex couples be able to marry?
The decision will take effect 30 days after it was issued. Los Angeles County and San Francisco officials are reviewing the decision and have not said when they will begin issuing licenses to same-sex couples.”

Los Angeles County gearing up for same-sex marriage licenses (L.A. Times)
Here is an excerpt from the article:

“In Los Angeles County, supervisors asked Dean C. Logan, acting registrar-recorder and county clerk, to report back Tuesday on what needs to be done before the order takes effect…

Logan, whose department issues about 75,000 marriage licenses a year, said ‘the phone was ringing off the hook’ after Thursday’s court decision, with couples inquiring about the process.

Currently, couples wishing to obtain marriage licenses must do so by appointment. County officials said the anticipated rush for appointments may require extending hours at county facilities.”

Read the rest of this entry »

Sliding Scale Probate Filing Fees Struck Down

Probate filing fees in the State of California are based on a sliding scale depending on the size of your estate.

Under California Government Code Sections 26827 and 68087:

The filing fee for an estate under $250,000 = $320
…at least $250,000 and under $500,000 = $385
…at least $500,000 and under $750,000 = $485
…at least $750,000 and under $1,000,000 = $635
…at least $1,000,000 and under $1,500,000 = $1,135
…at least $1,500,000 and under $2,000,000 = $2,135
…at least $2,000,000 and under $2,500,000 = $2,635
…at least $2,500,000 and under $3,500,000 = $3,635
…of $3,500,000 and over = $3,635 + 0.2% of estate’s value over $3.5M

Recently, Justice Kenneth Yegan, in his opinion for the California Court of Appeal, called this fee filing scheme as he saw it: “This appeal is about an estate or inheritance tax masquerading as a graduated probate court user or filing fee . . . .” The full opinion can be found here. (Estate of Claeyssens, Second District, Div. Six.)

Reports have already come in of the Superior Courts issuing refund orders of filing fees overpaid.




Foresight @ LB Pride 25th Anniversary Festival

Long Beach Lesbian & Gay Pride, Inc. was established in October 1983 and produced its first festival and parade in June 1984.

Over the past several years, the Long Beach Pride Festival & Parade has become the 3rd largest in the nation, now attracting over 75,000 participants over the two-day celebration. The event is taking place Saturday, May 17th thru Sunday, May 18th along Shoreline Drive.

Foresight is proud to be a festival participant. Please visit our booth.




California Gay Marriage Ban Overturned

On May 15, 2008, the California Supreme Court overturned the ban on gay marriage in California. A copy of the Court’s decision can be found here.

The 4-3 ruling declared the state Constitution protects a fundamental “right to marry” that extends equally to same-sex couples. The decision opens the way for tens of thousands of gay people to wed in California, starting as early as mid-June.

The majority opinion, by Chief Justice Ronald M. George, declares any law that discriminates on the basis of sexual orientation is constitutionally suspect in California in the same way as laws that discriminate by race or gender, making the state’s high court the first in the nation to adopt such a stringent standard.





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Thomas G. Martin

A graduate of Yale University and UCLA School of Law, Mr. Martin is the firm founder and principal attorney.

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