Jurisprudence Commons^™

In upholding Proposition 8 one year after finding that same sex couples had a constitutional right to marry, the California Supreme Court followed a growing trend in family law to sever family rights from family status. The Court found that same sex couples were constitutionally entitled to the legal incidents of marriage, but not marriage itself. In the last 30 years, courts and legislatures have increasingly recognized a variety of different family forms by granting people in them the legal incidents of family relationship (Civil Unions and Domestic Partnerships for couples, Visitation and De Facto Parenthood for caretakers) without granting …