Mommynay asked "My understanding was that if it does pass all those marriages will be annulled...am I mistaken? While we do have domestic partnership the marriages would no longer be legal. Also my understanding was that even if it didn't pass the federal government still wouldn't recognize those marriages and we wouldn't gain many more benefits as Domestic Partnership pretty much covers all the same state based rights now anyway...Anyway I'm just curious and haven't found the time to go really research things too much. "
Well, actually, nobody is entirely sure.
"Still, many legal observers have predicted that pre-Prop. 8 marriages would be upheld by the same state Supreme Court justices who authorized those marriages. That view is shared by Attorney General Jerry Brown, whose office would represent the state in any lawsuit over the ballot measure.
"I would think that 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," Brown said in August.
Stanford law Professor Jane Schacter said the issue isn't clear-cut, but she thinks the court would be reluctant to revoke the right to marry after the fact. The main reason, she said, is that newlywed couples often rely on their marital status to take actions they might otherwise put off - adopting or having children, borrowing money, buying a home.
"We want to say to couples that when you marry, you can rely on being married," she said.
UC Berkeley law Professor Jesse Choper said the court might well conclude that retroactively nullifying a marriage would violate a couple's right to due process of law or violate the constitutional ban on interference with contracts.
Even the chief lawyer for the Yes on 8 campaign declined to predict that the court would overturn existing marriages.
"I don't think the law is clear on that," said attorney Andrew Pugno of Sacramento. He said Brown's position and the state court's evident sympathy toward same-sex marriage might sway the outcome."
According to Joan Hollinger, a professor at the University of California, Berkeley, Boalt Hall School of Law, "Constitutional scholars agree that the amendment cannot be effective retroactively." The Williams Institute at the UCLA School of Law conservatively estimates that more than 11,000 same-sex couples have married in California between June 17 and September 17, 2008.
And no, the benefits of our domestic partnership - which Laura and I have had now for almost 10 years is NOT the same as a legal marriage. Unfortunately, the federal government currently does not recognize our legal marriage but CA state does. Recently, with my new job - I was able to select the "married" box on forms, but again, only for CA state.
My hope would be that Prop. 8 does not pass and that the federal gov't (with Obama at the lead) will eventually realize that our marriage is as legal as any other and make ours legal at the federal level.
All the more reason to vote "NO on 8".