California Supreme Court Upholds Ban on Same Sex Marriage

In a decision announced on May 26, 2009, the California Supreme Court upheld Proposition 8, the California voter initiative that bans same-sex marriages. The Court held that the roughly 18,000 gay couples who married while same sex marriages were legal in California will not have their marriages invalidated as laws are generally not applied retroactively and there was no language in Prop 8 to vary the general rule in that regard.
The California Supreme Court had previously upheld same sex marriages in a decision in May, 2008. Same sex marriage opponents responded with a voter initiative, Proposition 8, to amend the state constitution to prohibit same sex marriages. The Court has now held the voter initiative did not violate the Equal Protection Clause of the state constitution and that the Court was required to uphold California's initiative process.
California does have laws granting legal rights and protections for registered "domestic partners" and laws prohibiting discrimination based on marital status and sexual orientation.
Same sex marriage is presently legal in Iowa, Maine, Vermont, Massachusetts, and Connecticut.

Legal Fees

In the April, 2008 issue of California Lawyer Magazine, the steering committee chair of the Association of Corporate Counsel is quoted as stating that many companies are shifting a sizeable portion of their legal work to regional and boutique law firms (and away from the larger national and international firms). The chairperson stated that in-house attorneys for these companies reported that the regional and boutique firms demonstrated "equal or greater expertise, gave more practical legal advice, and were much more responsive to client needs--all at less cost."

South Carolina Stops Foreclosures

The South Carolina Supreme Court has issued a restraining order preventing foreclosure sales on properties backed by mortgages held by Fannie Mae, Freddie Mac, or any mortgage lender who has received federal assistance monies. The restraining order is intended to allow homeowners to seek to take advantage of new federal programs to refinance mortgages.

Arbitration

A Senate Bill sponsored by Russ Feingold of Wisconsin would prohibit enforcement of pre-dispute arbitration clauses in employment, consumer, franchise, and civil rights disputes. Similar legislation has been introduced in the House of Representatives by Representative Hank Johnson of Georgia. While this type of proposed legislation introduced by Sen. Feingold and Rep. Johnson did not make it beyond the committee stage in the prior session of Congress, the present attempt has a much better chance of success given the Democratic party's present majorities in the House and Senate. Groups who support the legislation argue that mandatory arbitration clauses are unfair and deny a person her right to a jury trial. Opponents contend that arbitration provides a fair and quicker dispute resolution system. I will provide updates as necessary on this proposed legislation.