www.ambiente.us JANUARY | ENERO 2010
Senator succeeds in validating gay marriages before
Proposition 8
By Stephen Gray
Legislation came into force on 1 January 2010 which clarifies that same-sex
marriages in California which occurred before Proposition 8 are to remain valid
in the state.
Governor Arnold Schwarzenegger signed the bill in October despite heavy
opposition by Republicans, ensuring 18000 Californian marriages and all
same-sex marriages which took place in other states before 5 November 2008,
retain their legal status.
The bill also clarifies that couples who marry in other states in future will be able
to benefit from the same advantages and protections that California provides
to heterosexual married couples, though they will not be referred to as
marriages in the state.
The author, openly gay Democratic senator Mark Leno, said: "When California
offered marriage licenses to same-sex couples in 2008, spouses who were
already married in another state or country were prohibited from re-marrying in
California. Now those couples and their families
will receive the rights and protections under the
law to which they are entitled."
Proposition 8 was approved in 2008 and
overturned a previous Supreme Court ruling by
adding a clause to the
Californian constitution
stating that marriage could
only be recognised by the
state if it were between a
man and a woman, causing
widespread controversy.
A constitutional challenge to
Proposition 8 is due to
commence in January.
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