Jay began writing politically themed commentary and founded his blog, Swimming Freestyle, in October 2007. Here he'll write about politics from a progressive perspective.

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Showing entries for Category: Gay-Marriage

What happens to the 18,000 married same sex couples in California?

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November 6, 3:46 PM

by Jay McDonough, Progressive Politics Examiner

Perhaps nothing. According to California Attorney General, Jerry Brown, the passage of State Proposition 8 does not retroactively invalidate the 18,000 same sex marriages that occured in California between June 16, 2008 (when the California Supreme Court allowed same sex marriages) and Tuesday (when Prop 8 was passed).

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.

Opponents of Prop 8 conceded defeat today, but vowed to fight on for same sex marriage rights. Legal challenges continue.

Topics: Gay Marriage , Proposition 8

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"Permission"

2 comments

October 15, 3:44 PM

While the Connecticut Supreme Court just ruled banning gay marriage as unconstitutional, California's Proposition 8 (changing the state constitution to include a ban on same sex marriage) is very tightly contested. (h/t The Daily Dish)... Read More
Topics: Gay Marriage

Californians oppose gay marriage ban

2 comments

July 18, 9:11 AM

A new poll shows a majority of Californians oppose a state constitutional ban on gay marriage. The new poll numbers are consistent with previous polling from May.... Read More
Topics: Gay Marriage , California , Proposition 8

"It's Cuz The Gays"

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June 19, 11:41 AM

Hey, we're gonna have to blame someone, right? (h/t Matthew Yglesias)... Read More
Topics: Gay Marriage

A Wedding Blessing

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June 16, 3:30 PM

From U.S. News: It is either the end of the beginning, or the beginning of the end, depending on your point of view. After weeks of preparation—and for many couples, years of waiting—at 5:01 p.m. today, at the close of business, San Francisco... Read More
Topics: Gay Marriage

New California Poll on Gay Marriage

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May 28, 8:20 AM

When the California Supreme Court recently overturned the state's ban on gay marriage, it was generally assumed a proposed constitutional amendment banning gay marriage would prevail when the public voted in November.A LA Times/KTLA poll released last... Read More
Topics: Gay Marriage , California