Better…
From the ACLU… It’s looking a tad better for the same sex couples who married before the passage of Proposition 8…
SAN FRANCISCO — The California Attorney General, Equality California, and the nation’s leading LGBT legal groups agree that the marriages of the estimated 18,000 same-sex couples who married between June 16, 2008 and the possible passage of Proposition 8 are still valid in the state of California and must continue to be honored by the state.
As Attorney General Jerry Brown has stated in previous court papers and as he reaffirmed to the San Francisco Chronicle, those marriages should remain valid notwithstanding Proposition 8’s possible passage. On August 5, 2008, Brown told the Chronicle, "I believe that marriages that have been entered into subsequent to the May 15 Supreme Court opinion will be recognized by the California Supreme Court,’ He noted that Proposition is silent about retroactivity, and said, ‘I would think the court, in looking at the underlying equities, would most probably conclude that upholding the marriages performed in that interval before the election would be a just result.’"
There is absolutely nothing in the language of Proposition 8 to suggest that the initiative would apply to couples who have already legally married. Unless the language of an initiative specifically says that it is to be applied retroactively, California’s courts have been very reluctant to do so, especially when the newly passed measure is in such stark conflict with existing constitutional provisions.
And that stark conflict makes it just possible, barely, that Proposition 8 will be found invalid by the courts. Simply put, it is a revision to the state constitution itself, as opposed to an amendment. The distinction is important because a revision must be, according to the constitution, first approved by the legislature, and then by a super-majority of the voters, not merely a simple majority. But at this point, to strike down the vote, especially after the court already had a chance to rule on this very matter before the vote, will take more nerve then I think this court has now. It takes a special sort of person to stick their necks out for a hated minority they themselves are not one of. And then stick it out some more.
But that’s a post for another day. The interesting thing here is this sudden…enthusiasm…by the Mormon church elders for…healing the rift…
Now that California voters have outlawed same-sex marriage, an LDS Church leader called Wednesday for members to heal rifts caused by the emotional campaign by treating each other with "civility, with respect and with love."
Hahahaha! Civility. Really?
Although it is extremely unlikely that California courts would apply the initiative retroactively, the proponents of Proposition 8 may file a legal challenge trying to invalidate the marriages of those who married before Proposition 8 possibly passed.
May? Yeah. Right. And the sun May rise in the east tomorrow. According to the bigots no heterosexual marriage is secure so long as a single same sex couple remains legally married. They’ll sue all right. The least we can do is wave all their rhetoric about "civility", "respect" and "love" back in their faces.
