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November 06, 2008

Existing Marriages May Still Be Legal if Prop. 8 Passes

Existing Marriages May Still Be Legal if Prop. 8 Passes

California is still counting upward of four million absentee and provisional ballots to determine the outcome of Proposition 8, but marriages performed over the past five months may still be honored if it passes.  

California Attorney General Jerry Brown said that the 18,000 same-sex marriages performed in California between June 16 and November 4 will still be recognized as marriages.

"I believe that marriages that have been entered into subsequent to the May 15 Supreme Court opinion will be recognized by the California Supreme Court," Brown told the San Francisco Chronicle in August. He also said that the outcome of Proposition 8 would likely only apply to future marriages.

The ballot initiative's language does not mention revoking marriage recognition from those couples. The National Center for Lesbian Rights and Lambda Legal warn, however, that Proposition 8 proponents might file a lawsuit to invalidate those marriages. (Michelle Garcia, The Advocate)

Keywords:  2008 Election  California marriage  Prop 8 
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Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Allan Pentecost
    Date posted: 2008-11-07 1:03 AM
    Hometown: Santa Monica, CA

    Comment:

    Most of the people I know who voted for Proposition 8 did so because they wanted to prevent the mandatory Gay Sex Education in the public schools. Most people are against the homosexual lifestyle but have learned to tolerate it as long as it's not forced on them. Human sexuality is a learned behavior and people don't want their kids exposed to Gay Sex Education. If you reference the states that allow same-sex marriage, you will discover the reason people are against it in California. If you were to do an independent study and asked people who voted for Proposition 8 what the single most important issue was for them on why they voted in support of Proposition 8 your research would support this conclusion.


  • Name: Nick
    Date posted: 2008-11-06 6:04 PM
    Hometown: Rescue

    Comment:

    Brian Brady, waht we have here is a SUCCESS of democracy. The people voted on a controversial issue, as has been done in the pass, and more often than not made the right choice. So if democracy means everyone gets a say, then so be it.


  • Name: MLP
    Date posted: 2008-11-06 4:13 PM
    Hometown: West Sacramento

    Comment:

    I want to thank all the people that voted NO on Prop. 8. Those that voted yes...I'll keep my feelings for you, to myself. At least, you can't take that away from me..yet. June 21st will always be in my heart. That is the day that we legally got married. We will fight to stay married. Try to take that away from us....


  • Name: Elliot Jones
    Date posted: 2008-11-05 11:58 PM
    Hometown: Tucson

    Comment:

    Plese consider the big picture: Similar measures that will write discrimination into state constitutions passed in Arizona, Florida and Arkansas, all funded exhorbitantly by organizations like the mormon church. We have a bigger fight to fight than we thought.


  • Name: Michael Rowe
    Date posted: 2008-11-05 7:39 PM
    Hometown: Toronto, Ontario

    Comment:

    The untrammeled malevolence of the Yes on 8 supporters in wanting to not only keep future marriages from occurring, but invalidate the ones that have already taken place, is a horrible reminder of just how much hatred LGBT people still face in spite of yesterday's triumph. This is a time for clarity and focus, and keeping rage managed, so we can get to the next step. I have confidence in the LGBT communities of California, and confidence in the supreme court that ruled the marriage ban wrong in the first place. We WILL prevail, I'm sure of it.


  • Name: Brian Brady
    Date posted: 2008-11-05 7:39 PM
    Hometown: Palm Springs

    Comment:

    Yes, my marriage is protected. But what about yours? The fact is WE no longer have the right. This is nothing less than a failure of American Democracy.


  • Name: AGB
    Date posted: 2008-11-05 7:12 PM
    Hometown: Las Vegas, NV

    Comment:

    I had such high hopes for California to do the right thing. I went to bed not knowing if I would still be legally married to my beautiful wife. When I got up for work (I get up at midnight), I had to search for the answer. My wife woke up when I kissed her before I left for work. The first thing out of her mouth was "Are we still married?" And sadly, I had to tell her no. I told the few people I am close to at work that by the time I wake up Wednesday morning, I will find out if I'm allowed to still be married. None of my straight friends can fathom what it's like to live this way. They're lucky. When are we going to be treated as equals? Do the people of California realize that the gang members, serial killers, convicted murders and rapists who will never be free again have the right to marry. And they will have more than 1100 rights than us, law abiding -gay - citizens. I don't know about anyone else, but this pisses me off!


  • Name: Richard
    Date posted: 2008-11-05 7:04 PM
    Hometown: Kentucky

    Comment:

    I frankly am getting tired of reading about Proposition 8, as if all the queers in the United States live in California. How about the effects of the recent election on the rest of us who DON"T live in California.


  • Name: mike
    Date posted: 2008-11-05 6:41 PM
    Hometown: washington

    Comment:

    Barack Obama is a coward who failed to give sufficient support to us in the gay community. He only came out against Prop 8 in a brief interview two days before the election. His constituency is religious fundamentalist blacks.


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