Proposition 8: What About The Gay and Lesbian Couples That Are Already Married?

Passage of Proposition 8 in California marks the first time a group of individuals have been added to a constitution and then removed. In May of this year, the California Supreme Court ruled that excluding same-sex couples from matrimony was unconstitutional (more). It was then that gay rights opponents petitioned and successfully placed Proposition 8 on the November voter ballot. The Proposition, which passed by a vote of 52.5% approved and 47.5% opposed, defines marriage in the California constitution as between one man and one woman.

Some 18,000 same-sex couple have wed since May. Robin Tyle and Diane Olson, the first same-sex couple to marry in Los Angeles County, along with others have filed a lawsuit to fight the constitutional amendment. So, what happens to the existing same-sex marriages now that Proposition 8 has passed and with the pending litigation?

Back in May, Attorney General Jerry Brown was asked just this question, which at the time was purely hypothetical. He told The Chronicle that passage of Proposition 8 would not be retroactive. "I believe that marriages that have been entered into subsequent to the [May 15] Supreme Court opinion will be recognized by the California Supreme Court," Brown said.

Same-sex couples in California have yet to hear if Attorney General Brown's May comments will stand or if their marriages will be voided. And since the battle over Proposition 8 is far from over, it may be some time before married California gay and lesbian couples know one way or the other.

Updated: On Tuesday, May 26th, the California Supreme Court upheld Proposition 8, reinforcing the ban on same-sex marriage, but ordered that the marriages of the 18,000 couples married prior to the gay marriage ban be recognized.

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