Saturday, December 20, 2008

Same-sex marriages before Nov 4 no longer valid in CA

The Yes on Prop 8 folks filed a legal brief that says that the marriages of couples who got married before Nov 4 can no longer be recognized in California, but they can still be recognized in other states that recognize same-sex marriages. According to this logic, I'm assuming this means that no same-sex marriage from ANY other state/country can be recognized within our borders either. WOW.

"Proposition 8 supporters acknowledge those marriages were legal before Election Day, and say they are not trying to "nullify" them now. They argue that the plain language of Proposition 8 — "Only marriage between a man and a woman is valid or recognized in California." — means those marriages can no longer be recognized in California, although they would still be valid in other states where same-sex marriage is legal or recognized.

"Proposition 8 is in effect, and only marriage between a man and a woman is recognized," said Andrew Pugno, general counsel for the Proposition 8 Legal Defense Fund. "It doesn't say only a man and woman can get married. It says that only marriage between a man and a woman is recognized. It means what it says."

/amaze

This just proves to me that those groups responsible for Prop 8 are trying to hurt people, and not just gay couples in California but gay couples all over the world. It wasn't only about taking rights away, but it's like they are saying to gay people, "We don't want you here!"

If I knew that there was a state or country that wouldn't recognize the marriage between my husband and me, for example, if in Alabama, there was a law that said that a marriage between people of different races would not be recognized within its borders... I would never go to that state, EVER. I wouldn't set foot into any state or country with such a law, knowing that something could happen to one of us and we could possibly be separated, or I couldn't be at my husband's bed-side when he needed me most. I'm sure that those Prop 8 people know this, and they just don't want you LGBT people here folks!!

Now we know what the intentions of the Prop 8 proponents were. This is about whether same-sex marriages are valid or recognized within the borders of California, literally. Their argument basically says that no same-sex marriages are good here in California, including those of any state or country, which affects every legal document and statute that depends on the validity of a couple's marriage. This affects every married same-sex couple that is physically here in California, including tourists and immigrants. This would also prevent California from recognizing the same-sex marriages of other jurisdictions, like New York does. According to Andrew Pugno, the language is clear. "It means what it says." He even says that it wasn't about the right to marry. It is about whether a marriage is legally recognized or not. If we interpret it as literally as he does, then Prop 8 definitely has serious legal ramifications.

Meanwhile, Attorney General Jerry Brown figures out that we have enough evidence to prove that Prop 8 was a major revision and not an amendment to the constitution. It's about time.

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