July 17, 2008

Homosexual Marriage Ban On California Ballot

Putting every gay marriage in a sort of legal limbo when it passes.

The California Supreme Court has cleared the way for Californians to vote in November on whether to ban same-sex marriages in the state.

The court on Wednesday denied a petition to remove the initiative from the state's general election ballots. The unanimous decision was handed down without elaboration.

Hundreds of marriage licenses have been issued to same-sex couples since mid-June, a month after the court overturned the state's laws against such unions.

However, on June 2, opponents of same-sex marriage filed for a ballot initiative that would ban such marriages in the state's constitution. Such a ban would overturn the court's May ruling.

Interestingly enough, by making it state policy that such marriages are not recognized by the state of California (which is arguably already the law in the state -- California voters passed precisely such a measure several years ago, though the will of the people was ignored by the California Supreme Court in its ruling this spring), the status of marriage entered between June 17 and the passage of this measure is quite tenuous. After all, the effect of the law may well be to derecognize same-sex California marriages entered into during that time, as well as prevent future ones.

Expect some fum litigation to come out of this if it passes.

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