Brief Fact Summary. William Thomas Cooper lived in a homosexual life partnership with Ernest Chin. Cooper left everything to the petitioner in his will with the exception of certain real estate that constituted over 80% of the entire estate. The Petitioner sought to take an elective share of the estate as Cooper’s surviving spouse.
Synopsis of Rule of Law. A state surviving spouse election statute does not apply to homosexual life partners and does not violate the Equal Protection Clause of the State Constitution
Issue. Whether a statue that does not include a homosexual life partner in its definition of a surviving spouse violates the Equal Protection Clause of the State Constitution?
Held. No. A statute that does not include homosexual life partners in its definition of a surviving spouse is not unconstitutional because according to case law, prohibition of same sex marriages is not a denial of the Equal Protection Clause. Furthermore, homosexual activity is not a fundamental right. . This Court has held that a lesbian parent is not a parent under Domestic Relations law. The absence of an express statutory prohibition against same-sex marriages does not mean the legislature intended to authorize such marriages. The Supreme Court of Minnesota has held that marriage is one that employs that of common usage, a state of union between a man and a woman.
The intended protection against sudden eviction should not rest on fictitious legal distinctions or genetic history, but instead should find its foundation in the reality of family life.View Full Point of Law