| | Due to the passage of Proposition 8, homosexual marriages are no longer being granted in California. | | Due to the passage of Proposition 8, homosexual marriages are no longer being granted in California. |
| − | California Attorney General Jerry Brown believes that the 18,000 same-sex marriages that were performed before Proposition 8 passed are still valid.<ref>ACLU, ''California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of Prop. 8, Initiative Would Only Apply to Future Marriages'', 11/5/2008 [http://www.aclu.org/lgbt/relationships/37701prs20081105.html]</ref> Others have postulated the marriages may be converted to domestic partnerships <ref>The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, November 5, 2008 [http://www.volokh.com/posts/1225907782.shtml]</ref>, which in California have the same rights as marriage.<ref>Concurring Opinions, ''A small wrinkle regarding the Volokh proposal on Prop 8 retroactivity'', by Kaimipono D. Wenger, November 05, 2008 [http://www.concurringopinions.com/archives/2008/11/the_odd_legal_g.html] Marriage is not exactly the same as domestic partnership in California. For example, both partners must have a common residence in order to enter a domestic partnership, and both partners must be over 18; neither of these are required for marriage. </ref> The leaders of the Proposition 8 petition have not taken a position in this matter. | + | California Attorney General Jerry Brown believes that the 18,000 same-sex marriages that were performed before Proposition 8 passed are still valid.<ref>ACLU, ''California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of Prop. 8, Initiative Would Only Apply to Future Marriages'', 11/5/2008 [http://www.aclu.org/lgbt/relationships/37701prs20081105.html]</ref> Others have postulated the marriages may be converted to domestic partnerships <ref>The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, November 5, 2008 [http://www.volokh.com/posts/1225907782.shtml]</ref>, which in California have the same rights as marriage.<ref>Concurring Opinions, ''A small wrinkle regarding the Volokh proposal on Prop 8 retroactivity'', by Kaimipono D. Wenger, November 05, 2008 [http://www.concurringopinions.com/archives/2008/11/the_odd_legal_g.html] Marriage is not exactly the same as domestic partnership in California. </ref> The leaders of the Proposition 8 petition have not taken a position in this matter. |
| | The California Supreme court will hear three lawsuits which seek to overturn Proposition 8. According to the AP, "All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change."<ref>AP, ''Calif. Supreme Court to take up gay marriage ban'', Nov 19, 2008 [http://apnews.myway.com/article/20081119/D94I8U1G3.html]</ref> Similar laws upholding traditional marriage had already been passed in 30 other states. | | The California Supreme court will hear three lawsuits which seek to overturn Proposition 8. According to the AP, "All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change."<ref>AP, ''Calif. Supreme Court to take up gay marriage ban'', Nov 19, 2008 [http://apnews.myway.com/article/20081119/D94I8U1G3.html]</ref> Similar laws upholding traditional marriage had already been passed in 30 other states. |