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Heterosexual Discrimination By California Courts?

By ALM Staff | Law Journal Newsletters |

A Los Angeles District Court of Appeal threw out a suit by a man claiming that unmarried couples of the opposite sex should have the same right as same-sex couples to file wrongful-death suits. Jack Holguin said the law's exclusion of unmarried heterosexual couples violates his equal protection rights. Holguin v. Flores, B168774, Los Angeles' 2nd District Court of Appeal, Sept. 15, 2004. Holguin's girlfriend, Tamara Booth, was killed in a car accident. They had lived together for 3 years, but never married.

The Los Angeles County trial judge dismissed the complaint, and the 1st District affirmed, holding that the state legislature had “rational bases” for not extending partnership benefits to “cohabiting unmarried couples in general.” “The fact domestic partners are legally or practically prevented from marrying, while cohabiting couples of the opposite sex are not,” Justice Earl Johnson Jr. wrote, “provides a rational basis for extending the right to sue for wrongful death to the former but not the latter. “In addition,” he said, “married couples and domestic partners have publicly registered their legal relationship while cohabiting couples of the opposite sex have not, thereby providing an additional basis for recognizing the economic loss to the survivors of the former but not the latter.”

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