Will California's Gay Marriage Ban Force Divorce?
Proposition 8, a California initiative that defines marriage as being between one man and one woman, has passed. Because the measure amends the state constitution, it would effectively overrule the decision of the California Supreme Court that banning same-sex marriage is discriminatory.
But this leaves a convoluted side effect which will have a major impact on many Californians and others.
Thousands of same-sex couples married between the court decision in May and the vote on November 4. What will happen to those couples?
The law will either be interpreted as:
1) Those same-sex couples who are already married can stay married. But that would leave the dilemma of the state both approving same-sex marriage, and saying it's unconstitutional.
2) The marriages of those already married same-sex couples would be forcibly ended by the government. That would essentially mean the state would force married couples to divorce.
Neither one of these options is something that conservatives or liberals would fully support. The effects of the court decision and the vote cannot be ignored, and it will force this issue to stay in the public arena. Either way, this controversy is far from over.
And is also begs the question: does this mean that the state of California would define the polygamous marriages of most Biblical patriarchs as illegal?
Comments
Why is the state involved in marriage at all? Why can't it just leave loving people alone?
Either option is wrong. Saying it's wrong for some people because they waited and not wrong for others who didn't is wrong. And forcing loving people to divorce is wrong.
Get Government Out of the Marriage Business!
Posted by: TawTew the Naturally Perfumed | November 5, 2008 07:35 PM
The law already says the men of God were lawbreakers.
The law says, "Only marriage between a man and a woman is valid or recognized in California." So those gay married couples are now divorced.
Posted by: Barack McCain | November 6, 2008 05:12 AM
You can probably guess how I feel about this. There's a ton of lawsuits being filed on it now. The legislature and the court have a big mess on their hands.
I agree with TawTew. Why does the state determine what marriage is anyway?
Posted by: Gay Gary | November 7, 2008 06:05 PM
Are you talking about polygamy again?
Adam and Eve were one man and one woman in the Garden of Eden. That's the way God intended. It was Adam and Eve not Adam and Steve. And it wasn't Adam and Eve and Lilith and Buffy and Mary Anne either!
Posted by: Christian Andy | November 9, 2008 06:53 AM
Christian Andy doesn't the Bible also say that polygamy is OK? Where does it say everyone in the world is supposed to live like Adam and Eve? Jesus stayed single. Was he breaking God's will?
Posted by: Gay Gary | November 9, 2008 02:26 PM
There's more than one way to live and more than one way to love. The state shouldn't be telling people who they can fall in love with. That's their business.
Posted by: Harold Sneed | November 11, 2008 01:09 PM
This affects me personally or at least my sister who's one of the 35,000 who had a same sex marriage in California. She's been with her partner for 15 years and this is the first time their relationship has been legally recognized. The Attorney General already said it wouldn't affect couple who are already married. I hope not. My sister and her wife are the happiest they've been in years.
Posted by: Frank Johnson | November 12, 2008 02:59 AM
Gay marriage is WRONG! Period!
Posted by: Emily | November 12, 2008 08:08 PM
Stopping people who love each other from getting married is WRONG! Period!
Posted by: 7 of None | November 16, 2008 02:36 PM
I’m not after marriage but I am after the relationship of same gender. I know that every one has the right to love whatever person he/she really wants to, but getting married of the same sex is unacceptable in accordance to the bible. However, concerning to this, “Marriage is an institution – if you don’t mind being institutionalized.” Groucho Marx, sage, wise aleck, and comic extraordinaire made that famous quote, and it certainly rings true. However, things on that landscape have changed in the last 60 years in America. Since the World War 2 era, the divorce rate has climbed to just over 50%, and the most common reason for divorce isn’t parenting disagreements, nor is it over abuse or infidelity. The most common cause of divorce is over money, conclusively, and once a couple decides to take that plunge, they often end up over their heads because they don’t know just what they’ve gotten themselves into, and many couples have to resort to payday installment loans. A lot of people, married or otherwise, struggle with financial decisions and when you have the tandem approach that is necessary to making a marriage work, then things can get even more complicated. Compromise and teamwork are essential, and so is communication. Communicating effectively and well is such an essential life skill, and the impact that not being able to do that are far reaching, as it can adversely affect your personal relationships, and your career. If you don’t effectively communicate about finances with your spouse, then it will lead to problems. Money management for couples is vital, and there may be times that you have to get payday installment loans to keep yourselves afloat for a while. Click to read more on Payday Installment Loans.
Posted by: Lisa P | November 25, 2008 10:11 AM
Get rid of marriage all together. That would solve the problem.
Posted by: Nora Borer | December 2, 2008 05:24 AM
The tide is rolling in. A Newsweek survey said support for gay marriage and civil unions is increasing. America is becoming more tolerant. Gay marriage will be accepted in the next 10 years. Civil unions
Posted by: Alice Hinkley | December 7, 2008 02:33 PM
Where are you from? Is it a secret? :)
Posted by: Rufor | September 5, 2009 05:24 PM
Hey dude, I love your site. With the abundance of misinformation about marriage on the internet, it's great to see some refreshing content. Keep up the great work!
Posted by: Christian Jones | January 13, 2010 09:35 AM