Question re: Prop 8

Emily227

What happens to all the couples who married while it was legal? Are they now null and void?

princess_shelly

I saw on the news that the state attorney general Jerry Brown is going to fight to keep all the marriages already done legal and valid.

MissMarinaT

I am curious about the same thing.  But I had heard somewhere, sorry I can't remember where, that if you were married before the election it was still valid.

MommeyDevine

I read on KABC7 they are going to court to figure that out, but they have suspended all license and ceremonies in the state of California..

MommyEsq

Sorry to go all lawyer on everyone, but here I go. The prop changes the constitution to only recognize a 'marriage' as between a man and a woman. Therefore California cannot recognize a gay marriage. All the people married in the last few months will most practically be recognized as civil unions not 'marriages'. However, I imagine that there will be lots and lots of law suits over this because there is a question about whether this violates the State and Federal equal protection clause which states roughly that similarily situated people have to be treated equally.?

Wishiwereahousewife.....what is the word on the law school streets?? Are gay people and straight people 'similarly' situated enough to be under equal protection. This stretches my brain to far afield from criminal law!!!?

WishIwereahousewife

MommyEsq:

Sorry to go all lawyer on everyone, but here I go. The prop changes the constitution to only recognize a 'marriage' as between a man and a woman. Therefore California cannot recognize a gay marriage. All the people married in the last few months will most practically be recognized as civil unions not 'marriages'. However, I imagine that there will be lots and lots of law suits over this because there is a question about whether this violates the State and Federal equal protection clause which states roughly that similarily situated people have to be treated equally. 

Wishiwereahousewife.....what is the word on the law school streets?? Are gay people and straight people 'similarly' situated enough to be under equal protection. This stretches my brain to far afield from criminal law!!! 

 

Word from the lawschool street:

Homosexuals still are not a protected class. Last I remember equal protection is still not extended to them. Sucks - still only race and religion.

MommyEsq

Well then, it is unlikely that Prop 8 will be unconstitutional!! See you are all ready for the bar....I can't remember this stuff!

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