The Next Stage of the Prop 8 Battle
Saying that Proposition 8, the controversial California state constitutional amendment that ended gay marriage in the state, has been a bone of contention would be an understatement. There were the revelations that the Church of Jesus Christ of Latter Day Saints was funneling money into the state to help pass the Proposition. There was talk that one of the main things that helped the bill pass was surprising support from the African American voting population that was turned out by Barack Obama, and questions about how viable that connection is. There is also, of course, the ongoing question about whether the method of amendment was the legal route to take considering the sweep of the Proposition.
Amid all of this, one question has been asked. What about those couples who were married between the California Supreme Court ruling that gay marriages were legal under state law and the passing of the Proposition. The most famous of the marriages was probably between George Takei and his long-term partner Brad Altman, but that was just a public face on 18,000 marriages that were conducted during the period.
Well, it can’t really be seen as too much of a surprise as to what has now happened. Some of the sponsors of the Proposition filed suit in California this past Friday looking to nullify these marriages. Wipe them completely off the books. Part of me wants to express some sort of outrage over this, but I just can’t. For one, these are people who are, for whatever reason, opposed to gay marriages. I strongly disagree with them, but that’s their driving focus, so it can’t be seen as a surprise that the filed suit. And, in a way, they’re doing a favor. This is an issue that would eventually need to be faced by the court, either by these groups filing suit, or by an insurer, or the first time one of the couples filed for divorce, or by any of a number of groups that would be looking to clarify just what the legal standing is of these marriages.
I’m strongly suspecting that ex post facto will rule the day, and the 18,000 marriages will be upheld.
At least, I hope so. It’s not the ultimate right answer in all of this, but it’s the best that can be hoped for at this juncture.
