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  • Writer's pictureJames Chau

Legal Analysis of Post Prop 8 Gay Marriage Vote

Updated: Oct 17, 2022

I came across a very interesting analysis done by emedia which analyzed the uncertain legal future after prop 8 passed.

The basis for the Supreme Courts decision was that Prop 22 voted on by the people in 2000 was unconstitutional because it denied equal rights for same sex partners.

Now with the amendment to the constitution, it throws a host of issues in the legal woodwork. Is the law going to be applied retroactively?

According to the analysis, the intent of the proposition must be analyzed. The attorney general does not believe the law intended to be retroactive.

Then comes the issue of the impending legal challenges which will be raised. No doubt the issue is not final or resolved. There are potential challenges based upon the idea that the proposition itself is unconstitutional because it interferes with the basic tenants of the California constitution. The showdown may come down to the US Supreme Court ultimately.

If you have any family law questions, I am a San Jose Divorce Lawyer practicing in Santa Clara County.

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