What if the CA Supreme Court abolishes the 18,000 gay marriages already performed?

[bluestateguy]

I do not see this as a likely scenario, but it could still happen. My question then is, is there any recourse for the 18,000 couples who will have been retroactively divorced by the state? It would seem to me that a case could be made at the federal level about that being an ex post facto law, in violation of the Constitution.

[Statistical]

1. That is exactly why they won't abolish it.

If they do then the Court will have to do so KNOWING they will be challenged.

Likely many of the plaintiffs have already contacted lawyers and are ready to file suit within days.

The exactly wording of the ruling AND the status of existing marriages will determine what suit happens but it will happen.

[xchrom]

2. they may very well uphold 8 -- but they won't abolish the

marriages performed prior.

the case before the court really swung on the intiative prcess and what the court could or not when the people have 'made law'.

[Motown_Johnny]

5. I don't see how they can recognize some marriages, and then not allow others.

Maybe I am oversimplifying but I just don't see how prop 8 can possibly be constitutional.

[votingupstart]

13. i agree - i dont see how you can legaly justify two classes of people

its .. well.... "UnAmerican"

not to mention if people want to marry each other - have at it i dont give a shit if they are gay or straight or transgendered or whatever category - bottom line i dont care and i think they should be allowed to marry.

[xchrom]

14. prop 8 would be a dividing line.

the majority hadn't made law before 8 -- and did after.

[Ioo]

3. I have spoken to my lawyer, we will seek our money back, and damages

I want the money back for my trip. My fees back. My photographer. and some cash for the paint hey have caused us... You think you are broke now, wait until half of us seek our money back.

[Dont_Bogart_the_Pretzel]

8. HI loo! Off topic but what kind of paint did you use & did it cost a lot?

:hi:


















:dunce:

Silly tired night...

[drm604]

9. I hope you do.

If they attempt to abolish people's marriages then I hope all of you do. I wonder if you could go after the various churches and other groups, in particular the out of state groups, who funded the Prop 8 movement. I strongly doubt it, but it would be very satisfying to see them learn that their hatred has a price.

[nightrain]

4. isn't this just f***ing stupid!!! heteros would raise holy hell if their

marriages got summarily abolished!

[armyowalgreens]

6. Yeah but that's because straight marriage isn't a sin.

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[ddiver]

7. I think they will annul the marriages. They will site rules and regulations and tuck tail and run.

That's how I see it. Not that it's right or the best outcome.

Honest question, honest answer,

[Neecy]

10. If they uphold Prop 8, I agree

How can the Court rule that *some* gay marriages are not legal, but *some* are? I think it'll go all one way or another - and hopefully they'll rule for marriage equality for all.

[JackBeck]

11. My marriage was ruled invalid by the California Supreme Court in 2004 .

And all I got was a refund. No federal case was made, since DOMA was still in place.

But once DOMA is overturned, which will happen before the decade is over, it will open the floodgates and the Supremes will have to decide whether or not the 14th Amendment applies to LGBT citizens.

[t0dd]

12. The people that think they will annull the 18,000

didn't listen to the oral arguments. EVERY justice, including Justice Baxter, the most conservative and anti-gay marriage Justice, was against doing that.