Tuesday, August 05, 2008

Prop 8. & "Retro-activity"

As the fight over California's anti-gay marriage amendment (Prop. 8) intensifies, the State's Attorney General is arguing that the amendment wouldn't nullify any existing gay marriages if it passes. In an interview with the San Francisco Chronicle, California Attorney General Jerry Brown said:

"I believe that marriages that have been entered into subsequent to the (May 15) Supreme Court opinion will be recognized by the California Supreme Court,"...Noting that Prop. 8 is silent about retroactivity, he said, "I would think the court, in looking at the underlying equities, would most probably conclude that upholding the marriages performed in that interval (before the election) would be a just result."
Brown's position on this is important because his office would represent the state in any subsequent lawsuits around Prop 8.

And while we're on the subject, don't forget to go to Equalityforall.com and donate to preserve marriage in California.