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6/16-11/4: Will out-of-state nups crawl thru CA window?

by Jeremy Hooper

Prop-8-legalityEveryone's talking about Prop 8, whether it will stand, and whether the already-performed marriages will remain even if the discriminatory ban stays on the books. But if the unrighteous affront to America freedoms is left in place yet the 18,000+ performed marriage are allowed to remain, there is another novel question that we've yet to consider. That is: Will same-sex marriages performed elsewhere during that June 16- Nov. 4 window also be recognized in the Golden State?

Some think they might. This from the OC Register's Total Buzz blog:

[Chapman School of Law professor Katherine Darmer] thinks you can forget about any gay marriages performed out-of-state after the Nov. 4 election here.

“There’s no argument to be made,” she said. That would rule out Connecticut, which began performing gay marriages Nov. 12.

However, a good argument could be made that those married elsewhere between June 16 and Nov. 4 – when gay marriages were performed in California – should be recognized if those couples move here, she said.

And Darmer thinks an argument could also be made, although not quite as easily, that gays married prior to June 16 should have their marriages recognized in California. Since the May state Supreme Court ruling found that, at that time, a ban on gay marriages was in conflict with the state constitution, gay marriages performed elsewhere prior to June 16 should be recognized here, she said.
State’s gay married couples could multiply even with Prop. 8 [OC Register]

Oh, the great jigsaw puzzle that is LGBT equality. Folks are constantly making us hunt for the right piece at the right time, seeing what, exactly, will be allowed to fit into the big picture. We start with the edges, then fill in the center. But of course some people steal the pieces so we can no longer play. And even though our puzzle is enjoyably benign, many still want us to keep it all in the closet, untried and unacknowledged.

Just like that 1000 piece picture of a gumball machine that gave us fits as kids, this piecemeal struggle for parity is so much more challenging than it need be. And quite frankly? We're pretty damn sick of this nation's morality police forcing us to take on this unreasonable time-waster!

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Your thoughts

Yes, and yes OH I love this conundrum. I was wondering about out of state marriages too. I do hope they all hold up, even say ones from other countries, as long as they occurred before Nov. 4, 2008.
What a mess that can make of adoption, inheritance, health policy, property ownership and tax laws!
Let alone the 2010 CENSUS.
PS That CENSUS BS needs to change saying they won't recognize any in the whole country!

Oh, but I was gonna ask. Speaking of all the puzzle pieces. How are your plans going?

Posted by: LOrionL | Mar 11, 2009 3:19:12 PM

I wonder about the reverse... if it's decided that the 18,000 June-July marriages performed in CA aren't "recognized" in CA, are they still legitimate/in existence and thus could be recognized in other states/countries that accept same-sex marriage? Or will all CA same-sex marriages just be turned into CA domestic partnerships?

Posted by: Joe | Mar 11, 2009 8:22:46 PM

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