Uncertainty over legal status of existing same-sex marriages in California

Prop 8 sign November 6th, 2008

With all votes now counted, it is no longer possible for a gay couple to be legally wed in California. 52.5% of voters supported Proposition 8, which stated that ‘only marriage between a man and a woman is valid or recognized in California.’

There is now uncertainty over the legal status of the 18,000 gay couples who married in California in the five month period that gay marriage was legal in the state.

Attorney General Jerry Brown, who represents the state in court, plans to defend the legality of existing Californian same-sex marriages. “It is my belief that the courts will hold that these same-sex marriages entered into are valid,” Brown said in a statement.

However, advocates of Prop 8 say the measure was intended o invalidate existing marriages. In a victory statement Tuesday night, the Yes on 8 campaign asserted that from now on, “only marriage between a man and a woman will be valid or recognized in California, regardless of when or where performed.”

Several lawsuits have already been filed against the gay marriage ban, including the first same-sex couple to wed in Los Angeles. The lesbian couple, Robin Tyler and Diane Olson, are claiming that Prop 8 is unconstitutional.

via the San Fransisco Chronicle and the LA Times]


  • For any Edinburgers/Scots reading, just thought I should draw attention to the fact there is a pro-equality march occuring in Edinburgh on November 15th, in response to prop 8 etc, and in support of Americans marching on the same day. More info here:



    Tara ∼ November 12th, 2008 3:46 am
  • It IS unconstitutional! Why should gay Americans pay taxes when they aren’t treated as equals! Prop 8 is a joke! and 52.5% of the USA is a joke!

    Phoenix ∼ November 13th, 2008 5:44 pm

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