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Discussions - Gay, Lesbian, Bi, Transgender - View Post - Archive
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Date
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6/24/2008 10:51:07 AM
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Posted By
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jackb |
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Subject
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Legal consequences
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If the consitutional amendment is passed, same-sex marriages will no longer be "valid or recognized" in California. I think the best analogy is that if the constitutional amendment is passed, it will be like possessing a driver's license that has expired. It was established, it happened, it doesn't unhappen. It's just that it no longer carries the same bundle of rights in California. It would probably still be recognized in Massachusetts, Canada, Britain, etc.
Prospective spouses in California should consider protecting themselves by filing for a domestic partnership at the same time they marry, if they are not already domestic partners in this state.
DOMA, the federal Defense of Marriage Act, is a federal statute that purports to say that one state is not required to recognize a same-sex marriage in another state. However, Section 1 of Article IV of the United States Constitution requires all states to give "[f]ull faith and credit" to acts of another state. In other words, the consitution would require a state to recognize a same-sex marriage from another state. A statute cannot amend a constitution. (That was the issue in In re Marriage Cases, before the California Supreme Court). This will all be litigated for the next decade or so.
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