Monday, June 22, 2009

Prop 8 eliminates same-sex marriage

On November 4, 2008, the controversial Proposition 8 passed providing for a change in the California State Constitution. The changed adds a new section (7.5) to Article I, which reads: "Only marriage between a man and a woman is valid or recognized in California.". This change restricts the definition of marriage to opposite-sex couples, and eliminates same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases by "carving out an exception to the preexisting scope of the privacy and due process clauses" of the state constitution. The proposition did not affect the existing domestic partnerships registry.

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