Gay Marriage Ruling How Will It Impact Criminal Law
Recently, the California Supreme Court ruled that denying marriage to same-sex couples was against the constitution of the State of California, thus legalizing gay marriage throughout the state (at least for now). While this will have great repercussions on the law in general, especially civil law, there are a great many areas in criminal law where this ruling will have a major impact.
For example, during cases between husband and wife, juries tend to have more sympathy towards women whether it's a matter of divorce, child support or even spousal abuse. However, in a case of husband and husband, how will this affect a jury's attitude?
Here are some criminal matters that will surely be impacted by same-sex marriages:
Domestic Violence - How will juries, or judges for that matter, decide a case where a man claims a beating from another man, or a woman from another woman? Normally, a jury would be outraged by the idea of a man beating a woman, however, if it's two men or relatively equal size and strength, how will a jury decide these matters?
Theft - If a husband, or ex-husband, was accused of stealing his wife's belongings, it would easy to find female clothing, jewelry or the like in his possession. However, unless the two men or two women had a list of exactly what they owned before going into their marriage, how would an attorney be able to prove theft? If both men had similar lifestyles and owned similar items, it would be difficult to tell same-gender ownership.
Sex Offenses - Again, if a wife could prove a pattern of behavior, a jury would be more likely to believe a claim or rape or sexual abuse. However, if it is two men, not only are most straight people unfamiliar with the sexual practices of most homosexuals, but an attorney might be hard pressed to get a judge and/or jury to sympathize or side with one man over another, or one woman over another.
Stalking - There are a "limited" number of bars or clubs considered "gay bars" or at the very least "gay friendly." Part of proving that one individual is stalking another is that they show up at unexpected places. However, if a group, such as homosexual males in Los Angeles, are known or even suggested to spend time at particular bars, clubs, gyms or stores, how would one go about proving stalking?
These are just some of the many criminal issues which will surely have to be sorted in the courts, by attorneys and in the California legislature over gay marriage.
Gay Marriage Ruling How Will It Impact Criminal Law
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