Prop 8 is Unconstitutional. Now What?

Well, that sure was down to the wire, wasn’t it? For a moment there, we were afraid the Supreme Court just plumb forgot to rule on Prop 8.

But at last we know the outcome: it’s unconstitutional, forever, the end.

And while that’s all very nice, a lot of questions still remain. When can we get married? Are our taxes not going to suck so much anymore? What do we put on our joint applications to the country club? Can we get matching monogrammed towels?

Lawyers are going to have their hands awfully busy for a while, figuring all those things out. In the mean time, let’s celebrate.

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  • tardis

    Why was marriage legal and then illegal in California? I know for a brief period same sex couples were allowed to marry, then prop 8 happened, why?

  • Elloreigh

    @tardis: Same-sex couples gained the right to legally marry for a brief period between May 2008 and November 2008, when the state’s Supreme Court struck down a similar initiative (Prop 22) as unconstitutional. Prop 22 only had statutory effect, not the strength of a constitutional amendment.

    Prop 8 was passed by voters as a means to overrule the court’s decision in the Prop 22 case, and to cement the ban on recognizing same-sex marriages in a way that put it beyond the reach of the state’s Supreme Court, as a constitutional amendment.

    Same-sex couples who married between May 2008 and November 2008 remained married (as per the state’s Supreme Court ruling upholding Prop 8 when it was challenged). But no further same-sex marriages could be recognized after Prop 8 was passed.

    Does that help?

  • Charles175

    @tardis: Watch the documentary made movie “8 The Mormon Proposition”. There you will find all the answers to your questions.

  • tardis

    @Elloreigh: It does, thank you, very much! :)

    @Charles175: Will, do Charles, thank you for the recommendation!

  • brent

    People forget that prop. 8 passed when Obama was elected. Blacks and hispanics turned out in high numbers to vote for Obama, and then voted for prop. 8 The supreme court has thrown out that election, in otherwords they have thrown out the votes of minorities in california. I wonder how the democrats will explain to blacks and hispanics why there vote was wrong and need to be thrown out.

  • beyowulf

    Not accurate to say prop. 8 was ruled unconstitutional. Plaintiffs were ruled to not have standing. The constitutionality was not decided. Probably should issue a correction.

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