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  1. #1
    Join Date
    Jul 2008
    Posts
    14

    Default What Will Happen if Prop 8 Passes in California?

    My question involves marriage law for the State of: California

    The CA Supreme Court overturned the ban on Gay Marriage in my state last May. Now there is a proposition on the November ballot to re-ban gay marriage. What will become of all the marriages that have happened since May and that will happen until November 3rd if Prop 8 is passed? Will all their marriages be voided or will there just be no more gay marriages allowed?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: What Will Happen if Prop 8 Passes in CA?

    I keyed in; Proposition 8 + retroactive ban: and this hit.

    This was my initial reaction also, agreeing with JB. Retroactive applications are permitted, such as was with CA's 3 stikes law and sentence enhancements, but this is different, as it will be passed AFTER the fact.


    http://www.sfgate.com/cgi-bin/articl...BA8P1250FN.DTL




    Constitutional elements come into play, but AG Brown seems to feel they will still be valid, but does emphasize scholars disagree.

    Edit:

    Here is some more info from Wikipedia on Proposition 8:


    According to Joan Hollinger, a professor at the University of California, Berkeley, Boalt Hall School of Law, "Constitutional scholars agree that the amendment cannot be effective retroactively."[23]

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