So what does the future hold for same-sex marriage in California? It’s a subject that all Estate Planning attorneys are watching very carefully. In my opinion, the answer depends on whether you’re looking at the short-term or long-term.

In the short term, the California Supreme Court sounded very dubious in recent oral arguments about overturning the passing of Proposition 8, limited marriage to that between one man and one woman. It’s ridiculously easy to change the California Constitution, and they’re not about to take it on themselves to make it more difficult.

In the long-term, that means that we’re bound to see a new proposition on the ballot to amend the constitution to allow for same-sex marriage. Will it pass? Not at first. I sense the people are basically willing to have the supreme court say it’s unfair to discriminate, but will be less willing to stand up themselves and vote the change in. Eventually I see it coming. In the next 4-6 years? I don’t think so.

Additionally, I think the opponents of same sex marriage will attempt to make it more difficult to change the constitution – perhaps requiring a 2/3rds majority vote, in an effort to delay progressives.

Stay tuned!