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“Legal Limbo.”

“Proposition 8 would amend the state Constitution to define marriage as only between a man and a woman, but the measure does not address what would happen to the estimated 16,000 same-sex couples who have tied the knot since gay marriage became legal in California on June 17. If voters next week approve the initiative to ban gay nuptials, legal analysts on both sides of the measure predict that a period of “legal chaos” will ensue, with the legality of same-sex marriages performed between June and November suddenly in doubt.” [LA Times]

By:           Andrew Belonksy
On:           Oct 30, 2008
Tagged: , , , , ,
  • 6 Comments
    • seitan-on-a-stick
      seitan-on-a-stick

      I can’t believe that this is even close.

      A diversion by the GOP to thwart Hollywood and Major Gay Donations to (President-Elect) Barack Obama?

      GOP Motto: Trick OR Trick!

      Oct 30, 2008 at 2:14 pm · @ReplyReply to this comment ·
    • Martin
      Martin

      On my marriage license from the State of California issued in September, it only states party A and party B. Nowhere on the license is gender specified. That being the case, if they tried to repeal the marriage, wouldn’t they have to repeal ALL marriages performed between June and November?

      Oct 30, 2008 at 2:21 pm · @ReplyReply to this comment ·
    • Tim
      Tim

      And make all those straight couples get married again, now that would just be discriminatory wouldn’t it?

      Oct 30, 2008 at 5:15 pm · @ReplyReply to this comment ·
    • Brian
      Brian

      And here’s another problem. The Yes on 8 haters keep using the argument that Prop 8 is necessary because otherwise, kids in school who learn about marriage will be forced to learn about same-sex marriage. Assuming our marriages aren’t invalidated, even if this marriage-education requirement existed (and it doesn’t), then kids would still have to be taught about same-sex marriage because more than 16,000 of those marriages would continue to exist!

      Hey, but why let a little thing like logic get in the way of bigotry and scare tactics….

      Oct 30, 2008 at 8:02 pm · @ReplyReply to this comment ·
    • frank kameny
      frank kameny

      Brian,

      It’s doubtful they would have to. First, there is a strong possibility those “marriages” would essentially be “voided”, since the Constitution would be amended to read that “only marriage between a man and a woman is valid and recognized.” And even if those “marriages” are kept intact, the CA Education Code doesn’t say that teachers must teach what was basically a blip on the radar. They will teach what is…and should Prop 8 pass, what *is* will be marriage is between man and woman. At least that is the scenario for which I’m hopeful.

      Oct 31, 2008 at 11:03 am · @ReplyReply to this comment ·
    • paul
      paul

      ok, as of now it looks like prop 8 has passed. i’m one of those that chose to get married so what happens now? can anyone direct me to any website that discusses the possible legality of my marriage now that the proposition has passed? i’ve heard everything like; your marriage will be voided, your marriage will stand because the law can’t be retoactive. does anyone have a more definitive answer for me? Many thanks ahead of time to anyone that can help me

      Nov 5, 2008 at 9:06 am · @ReplyReply to this comment ·

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