What will happen to existing same sex marriages?

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Short answer: nobody knows. Here's the best summary of the possibilities that I've found. Options include:
  1. Keep existing marriages valid (Volokh doubts this will happen)
  2. Automatically convert them to domestic partnerships
  3. Invalidate them
  4. The legislature intervenes and passes a law that converts them to domestic partnerships
Volokh also believes that Prop 8 will be considered an amendment, not a revision, and will therefore not be struck down.

I'm very sad that this is happening. I spent some time tonight at our church discussing this result with people. I think if more people heard stories from gay people about what it felt like to have 52% of your fellow Californians tell you your marriage was invalid, more people would have voted against Proposition 8.

Comments

grishnash said…
My best guess is that the existing marriages will end up in the same status as any other law found to be unconstitutional. Nothing will happen unless they are challenged in court. At that point any benefits would probably be ruled unenforceable.

The good thing about constitutions like California's and Oregon's that are way too easy to amend is that they're equally easy to amend back.
9:47 AM, November 07, 2008
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