Domestic Partnerships & Marriage
The historic decision delivered by the CA State Supreme Court on May 15, 2008 legalized marriage between two adults of the same sex. For current information visit the website of the National Center for Lesbian Rights, www.nclrights.org
Marriage for Same-Sex Couples in California
Could right-wing forces did take away the freedom to marry at the ballot box in California?
The initiative on the ballot in November has banned marriage between same-sex couples. The fundamental freedom to marry would be denied to lesbian and gay couples, and the concept of treating people differently would be written into the California Constitution.
For more information about how to get involved, contact Equality For All at www.EqualityForAll.com.
If we do get married before November 4, 2008 and the initiative is enacted, what would happen to our marriage?
Because your marriage will have been valid at the time it was entered, we believe you will still be married after November 4, 2008 regardless of whether the initiative passes. Initiatives usually are not retroactive and this initiative does not say that it would be. If the initiative passes, there will likely be people or organizations who will try to argue that your marriage is no longer valid and that you were divorced against your will as of November 4. It is hard to predict with certainty what courts would decide because this situation is unprecedented. It is the first time under California law that an attempt has been made to take away constitutional rights like the fundamental right to marry from people who as a group have historically faced discrimination.