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Prop. 8 and the Future of Same-Sex Marriage in CA

Last Tuesday, Californians went to the polls and approved a change to the state's constitution that would limit the legal definition of marriage to a union between a man and a woman, effectively banning same-sex marriage in the state. Over the weekend, protests over passage of Proposition 8 attracted demonstrators on both sides of the same-sex marriage debate. Many legal experts predict that the issue may once again be resolved -- perhaps only temporariliy -- in the courts.

The New York Times reports that weekend demonstrations on Prop 8 drew thousands throughout California, in cities like Lake Forest, Los Angeles, Oakland, Pasadena, Sacramento, San Diego, and San Francisco. According to the Los Angeles Times, the legal validity of same-sex marriage in California could hinge on a future California Supreme Court decision on whether Proposition 8's ban on gay marriage is a mere "amendment" to the state's constitution, or rises to the level of a constitutional "revision." CNN.com reports that state votes effectively banning same-sex marriage in Arizona, California, and Florida were somewhat paradoxical on an election day that saw Barack Obama elevated to the Office of the President.

• N.Y. Times: In California, Protests Over Gay Marriage Vote
• L.A. Times: The Law and Prop. 8
• CNN.com: Same-Sex Marriage Bans Paradoxical in Historic Election
• Sacramento Bee: Thousands at Capitol Rally Back Continuing Fight Against Prop. 8
• Washington Post: Setback for Equality
• S.F. Chronicle: Church and State: The Issue of Prop. 8
• Pros and Cons of Same-Sex Marriage (FindLaw)
• Same-Sex Couples and the Law (FindLaw)

Full post as published by FindLaw's Common Law on November 10, 2008 (boomark / email).