Judge’s Decision Defies California Law and Paves the Way For “Spouse” Benefits to Same-Sex Couples
SACRAMENTO-The recent decision by Judge A. James Robertson II to allow a wrongful death lawsuit to go forward in a case filed by a surviving same-sex partner defies not only California law but also paves the way for passage of Assembly Bill 25, claims Capitol Resource Institute (CRI), a leading pro-family organization based in Sacramento.
AB 25 is a bill authored by Assemblywoman Carole Migden (D-San Francisco), which has already passed California’s Assembly and is currently in the State Senate. If passed, it will grant numerous benefits to domestic partners that have traditionally been accorded only to married couples.
“It is pretty obvious that Judge Robertson has allowed his own personal bias to color his judgment in this case,” says Karen Holgate, CRI’s director of policy. “We believe this was a political ruling. Judge Robertson’s decision not only defies state law, but the timing of his decision could well have tremendous influence on whether Governor Davis signs AB 25 into law. We believe the judge’s decision is a travesty that once again shows the arrogance of judges who believe they have the right to make law rather than enforce existing laws.”
Natalie Williams, the executive director of CRI, agrees. “Homosexual activists are already applying extreme pressure to the governor to sign AB 25. We believe this lawsuit and the timing of the judge’s decision is designed to bring added pressure to the governor to ignore the will of the 62 percent of California voters who clearly believe that the traditional marriage of one man and one woman should be preserved.”
Holgate cautions that AB 25 is just the first step in achieving “marriage status” for homosexual couples. “In its amended version, AB 25 grants ‘spouse’ status to a domestic partner in the case of death,” she says. “But that isn’t all; Assemblyman Paul Koretz (D-West Hollywood) has promised that his bill, AB 1338, will be reintroduced in January. AB 1338 seeks to make ‘civil unions’ legal in California and legally award the title ‘spouse’ to a domestic partner.”
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