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View Diary: HUGE Prop. 8 case news - Rekers peripherally involved UPDATE (189 comments)

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  •  Invalidated (5+ / 0-)

    But the existing pre-Prop 8 marriages were never deemed invalid, even after the passage of Prop 8; so I don't see how anyone could argue any lasting harm from allowing marriages to immediately resume pending the appeal.


    "I play a street-wise pimp" — Al Gore

    by Ray Radlein on Wed May 19, 2010 at 07:24:44 AM PDT

    [ Parent ]

    •  That was a different scenario (6+ / 0-)

      In the first instance, the California Supreme Court said that the state couldn't prevent same-sex marriages.  That was a final decision by the state's highest court that couldn't be appealed further.  When Prop 8 was enacted, it wasn't deemed to be retroactive and therefore, the interim marriages remain valid.

      By contrast, the law in California is that same-sex marriages can no longer be performed.  A ruling by a federal trial court judge isn't the law of the land - pending appeal - so any interim marriages could later be determined to be invalid.  This is like when various municipalities allowed same-sex marriages that were later invalidated.

      So, I think it's pretty unlikely that the trial court or appellate court is going to allow same-sex marriages to be performed until any appeal has been exhausted.

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