I am surprised, but it seems Prop 8 is going to pass. I honestly thought, in spite of all the signs and propaganda I had heard, that Prop 8 would be defeated.
Cathy and I met a married lesbian couple while waiting in line at Ben & Jerry's last night. At the time, No on 8 was leading by about 3%, if I recall correctly. We discussed Prop 8 and wondered what its passage might mean for their family. I doubt that the California courts would retroactively dissolve marriages joined this year. According to Joan Hollinger, a professor at the University of California, Berkeley, Boalt Hall School of Law, "Constitutional scholars agree that the amendment cannot be effective retroactively."
I was also assuming that many others would be rushing to get married before Prop 8 goes into effect; I probably would. But, yesterday may have been the last day for gay marriages:
“A proposed [legislative] amendment or revision shall be submitted to the electors and if approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.” See Cal. Const., Art. XVIII, Sec. 4
However, marriage license will likely be issued for the coming month until the state health department directions California county clerks to stop.[
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Not only did California voters ban gay marriages, but bans also
passed in Florida and Arizona.
I would say that would be the end of gay marriage in California, but Prop 22 (from 2000) was struck down in May. Prop 8 used the identical wording, but this is an amendment to the state constitution, so I don't know if it can be challenged and struck down like Prop 22.
All in all, these are interesting days. I thought for sure, with a huge Democratic turnout, that Prop 8 would pass. I was wrong.
One final note: I really hope and pray that conservatives and Christians won't be jerks about the results. Peoples' lives were changed today; compassion and love should rule the day. Jesus Christ would have it no differently.