This week, the California Supreme Court decided to hear a case posing two important questions. The first is whether the voter-adopted state constitutional ban on gay marriage passed in the November election, Proposition 8, was validly enacted. The second is - assuming Proposition 8 was indeed validly enacted -- what is the status of the same-sex marriages that were entered into between the California Supreme Court same-sex marriage ruling last spring and the enactment of Prop. 8? (As readers will recall, the court had previously ruled in May 2008 that the then-existing statutory ban on same-sex marriage violated the state constitution.)
In a series of columns beginning with this one, I will take up these complex questions in detail.
More here.
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