The Gay Thread

Alex · 08-17-2010, 07:57 AM

If Judge Walker's ruling is eventually overturned, what would the status then be of any marriages from the period in between (if a stay had not been granted).

After Prop 8, I thought it pretty clear that the marriages that already existed should continue as there was no dispute that they were entirely legal during that too short window.

But for marriages allowed because a judge erroneously (technically) ruled in their favor it seems to me the case is much stronger that those marriages should be voided. That seems an acceptable justification, to me, to grant a stay.

I'm no expert, of course, so if this stay does fly in the face of established procedure or law I'd live pointers to more information. None of my usual law blog sources have expressed any real surprise at the stay or thought it technically inappropriate.

08-17-2010, 07:57 AM	#11
Alex . Join Date: Feb 2005 Posts: 13,354	If Judge Walker's ruling is eventually overturned, what would the status then be of any marriages from the period in between (if a stay had not been granted). After Prop 8, I thought it pretty clear that the marriages that already existed should continue as there was no dispute that they were entirely legal during that too short window. But for marriages allowed because a judge erroneously (technically) ruled in their favor it seems to me the case is much stronger that those marriages should be voided. That seems an acceptable justification, to me, to grant a stay. I'm no expert, of course, so if this stay does fly in the face of established procedure or law I'd live pointers to more information. None of my usual law blog sources have expressed any real surprise at the stay or thought it technically inappropriate.
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