Sunday, April 27, 2014

is a sme sex marriage still valid , if it was performed before prop.8

Question

is a sme sex marriage still valid , if it was performed before prop.8



Answer

This a family law question and should be addressed to a family law lawyer.



Answer

The Marriage Recognition and Family Protection Act established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category also includes same-sex marriages performed before same-sex marriage became legal in California.

So yes.



Answer

I echo what my colleagues have said. Also, you might keep an eye on the U.S. Supreme Court's 2012-2013 term. If it takes up and affirms the 9th Circuit Court of Appeals' decision in February, marriage equality might be reinstated in California sometime next summer or fall. If it declines to take the case and other marriage equality cases, then same-sex marriage probably would be reinstated in California a short time later and even sooner.



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