Archive for October, 2011
September 2011 – Bench/ Bar
Highlights from the September 2011 Bench/Bar issue include the Year in Review by Presiding Judge Becton and Supervising Judges Craddick, Kennedy, Cram, Haight, Davis, Canepa and Kolin.
Inside: Guest Editor’s Column
Since Massachusetts became the first state to legalize marriages of same-sex couples in May, 2004, same-sex unions have remained a hotly divided topic throughout the United States. As seen in the articles and charts, although there has been substantial progress in the legitimizing of same-sex unions, there still is much confusion and a long way to go. Not only are there strongly held societal views on the subject, but the subject is made more complex because of a myriad of federal and state laws, many of which are conflicting, and even the weighing in on the subject by a Proposition of the citizens.
Same-Sex Marriage: The Long Road to Equality
When the California Supreme Court heard oral argument in Perry v. Brown on September 6, it seemed like déjà vu all over again. For the third time in four years, the court was considering the continuing fight for equality being waged by same-sex couples seeking the right to marry. Whatever the court’s ruling on the question of standing that was before it, the legal battles will continue until the United States Supreme Court has the final word. How the highest court will rule is not at all certain – and the rollercoaster ride will continue until that decision is announced.
Taxation of Same-Sex Employee Benefits: A Primer
The law of taxation of employee benefits for same-sex couples is complicated. The foremost reason is that the body of law surrounding employee benefits for same-sex couples actually involves an enormous jumble of rules and regulations. The most influential are: the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, the Defense of Marriage Act (DOMA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), and the Health and Insurance Portability and Accountability Act of 1996 (HIPAA). This article will take a closer look at the law and taxation of employee benefits.
Ownership of Real Property by Same-Sex Couples in California
As the constitutionality of Proposition 8 and same-sex marriage continues to work its way through our legal system, attorneys with real estate, family law, probate and civil litigation practices regularly encounter clients seeking legal advice or representation related to the co-ownership of real property by same sex couples. As with heterosexual relationships, breakup or death are the two possible endings for homosexual relationships. The manner in which property is held affects the outcome of co-owned property between same-sex couples, just as it does with opposite-sex couples.
Immigration Challenges of Bi-National Same-Sex Couples
Same sex couples face many challenges in the United States when seeking the same legal benefits available to heterosexual couples.
For instance, in immigration law, U.S. citizens are allowed to petition for certain qualified relatives to remain or come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s spouse, unmarried children under the age of 21 and parents.
Assistance After Losing a Domestic Partner
The death of or separation from a domestic partner, though very different, are similar in the emotional upheaval and turmoil they create – each rendering the person left behind immobilized, anxious and overwhelmed. While the …
Joint Bankruptcies For Same-Sex Married Couples
A bankruptcy judge in the United States Bankruptcy Court for the Central District of California recently issued a decision in the case of In re Balas and Morales (June 2011) 449 B.R. 567 in which the court held that the Defense of Marriage Act (“DOMA”), as applied to a same-sex couple legally married under state law, violated the couple’s equal protection rights afforded under the Fifth Amendment of the United States Constitution.
Interview with Gordon P. Erspamer – Transcript 6
Gordon: I’ve also met some of the most amazing people that you’d ever want to meet. I’ll give you an example, Al Maxwell, Logan, Utah. World War II he was in the Philippines when the …
Interview with Gordon P. Erspamer – Transcript 5
Lisa: In 2009, you were awarded the American Bar Association’s Pro Bono Publico award. In addition, you’ve also been honored with Trial Lawyer of the Year awarded by the Trial Lawyer for Public Justice Foundation, …
Interview with Gordon P. Erspamer – Transcript 4
Lisa: Gordy, after all this time defending veterans and fighting what the Ninth Circuit Court calls the unchecked incompetence of the V.A., do you feel that there is any improvement in transparency at the agency …
Interview with Gordon Erspamer – Part II
Gordon “Gordy” Erspamer, Senior Counsel with Morrison Foerster, has been fighting tirelessly for veterans’ rights. Gordy’s most recent victory, in front of the 9th Circuit Court of Appeals earlier this year, provides hope to veterans suffering from post-traumatic stress disorder. Describing problems at the VA as “egregious”, the court ordered the VA to overhaul its mental health system.
Same Sex Statistics
Here are some interesting same-sex facts and statistics for 2011, as cited by the Gay Marriage Research Center:
Septemberfest – InterProfessional Mixer
On September 30, 2011, attorneys, bankers, accountants and other professionals from the financial services and commercial real estate industries gathered for an informal networking mixer in Walnut Creek. The patio at Pyramid Alehouse filled up …
2012 Judicial Assignments
You can download 2012 Judicial Assignments here – click on the picture to download the pdf document. It will open in a new browser window:
The SideBar: ØL Beer Cafe and Bottle Shop
Even if you’re a dedicated wine drinker like me, sometimes the most widely consumed alcoholic beverage in the world, namely beer, demands attention. At øl in Walnut Creek, beer gets the vast and detailed attention it deserves.
Coffee Talk: What should be the government’s interest in marriage and civil union?
The government’s interest should be in seeing that the laws are just and applied fairly and equally. In this case it means granting marriage equality (civil unions are not equal) for same-sex couples. There is …
