| Village Idiot Join Date: May 2008 Location: Not In Sterling City Gender:  Posts: 610 Country:  Level up: 17%, 125 Points needed |  |  Quote:
Originally Posted by tristanrobin  Can't happen.
If they're legally sanctioned, they cannot be rendered invalid. They might change the laws and make future gay marriages impossible. But there will always be gay marriages in CA after they begin to accept them.  | It could happen. This is a good article on the issue: Law.com - Future Gay Unions Face Legal Hurdles in California
Both sides have arguments. Gay marriage advocates will probably have the most difficulty with the argument that even if the marriages cannot be voided retroactively to the date of the Calif. Supreme Court decision, that the marriages will have no legal effect after the date of the amendment.
From the other side, how can they argue that all the marriages should be nullifed retroactively? Assume Joe and Jack get married today. They do not have a will. Jack dies and Joe, as the surviving spouse, obtains the benefits that a surviving spouse gets under Calif. intestate succession.
What's the state going to do if the constitutional amendment passes -- come take all of the inheritance that Joe has already received?
Ongoing benefits will be the tricky issue, since a pronouncement of retroactivity could result in their termination. |