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Why was same-sex marriage overturned in California?

Updated: 8/18/2019
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In November 2008, A majority of the voters in California ratified an amendment to the state constitution banning same-sex marriage and thereby overturning the California Supreme Court ruling that had legalized same-sex marriage earlier that year. That amendment has since itself been overturned, but that decision is pending appeal.

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Q: Why was same-sex marriage overturned in California?
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When was same-sex marriage overturned in California?

The legalization of same-sex marriage in California was overturned by the passage of Proposition 8 on November 5, 2008. That results of that referendum have since been nullified by the courts, yet there is a temporary stay on the further issuance of marriage licenses to same-sex couples pending the outcome of an appeal.


If a same-sex couple gets married but then the law is overturned is the marriage still legal?

This happened in California in November 2009. And, yes, same-sex marriages performed prior to the day the law was overturned are still legal in California.


Why was the legalization of same-sex marriage reversed in California and Maine?

In the case of California, the court decision legalizing same-sex marriage was overturned by a public referendum (called Proposition 8). The results of that referendum were themselves later overturned by the courts, although there is currently a delay in issuing marriage licenses to same-sex couples pending the outcome of a federal appeal. In the case of Maine, the state law legalizing same-sex marriage was overturned by public referendum before it went into effect. It was later restored on November 6, 2012.


Is my marriage in one state legal even though my divorce in another state was overturned prior to my marriage in another state?

No, not in the United States. If your prior divorce was 'overturned' by that state court then your subsequent marriage was not valid.


Has a ballot measure concerning same-sex marriage been put before voters in California?

Yes. On November 5, 2008, 52% of California voters ratified an amendment (Proposition 8) to the state constitution banning same-sex marriage. That amendment was overturned on August 4, 2010, but there is still a temporary delay prohibiting same-sex marriage to resume in California until an appeal is decided.


Should California's three strikes law be overturned?

no. no.


Which Constitutional amendment pertains to same-sex marriage in California?

Proposition 8 amended the state constitution of California to eliminate the right of same-sex couples to marry. Article I. Section 7.5 was added to the California Constitution, to read:Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California. This constitutional amendment has since been overturned, although that decision is currently under appeal.


Who overturned the ban on same-sex marriage?

It depends on which country or U.S. state you are talking about.


When was Marriage Equality California created?

Marriage Equality California was created in 1998.


When did California stop recognizing common law marriage?

Common law marriage was abolished in California in 1895.


Is DOMA against same-sex marriage?

Yes, the Defense of Marriage Act (DOMA) of 1996 opposes same-sex marriage, however, in 2013, section 3 was overturned, so the Federal government now recognizes same-sex marriage.


Does Texas honor marriage licenses issued in California?

If you're talking about a marriage license--that is, the application to marry issued by the State of California--then no, you cannot use a California marriage license in Texas, you must be married in California. If you're talking about a California marriage certificate--the document that proves you were legally married in California--then yes, all U.S. states will recognize California marriages. Hope that helps!