Proposition 8

On November 4, 2008 voters in California approved a statewide ballot measure called Proposition 8. The proposition called to define marriage in the state of California as between a man and a woman. This reversed the 2008 California Supreme Court decision that ruled that a same-sex marriage ban was unconstitutional. Since the proposition’s passing, three lawsuits have been filed seeking to invalidate Proposition 8.

What this Means for Same-Sex Couples

After the state supreme court reversed the same-sex marriage ban earlier this year, nearly 20,000 same-sex couples entered into marriage. The question now arises as to whether these marriages will remain valid.

It has become widely assumed by many that they will because laws are generally not retroactive. A professor at Stanford law believes that if the California Supreme Court were asked to invalidate a marriage, they would not revoke the right to marry retroactively. The theory behind this is that governments wish to uphold contracts to provide the people a sense of stability.

Contact a San Jose Family Lawyer

If you entered into a same-sex marriage before the passing of Proposition 8, you may have questions over the current status of your marriage, rights, and benefits. Contact San Jose family lawyer Daniel Jensen at 408-296-4100 to speak with a knowledgeable attorney who cares.