Nov 20, 2008 2:32 pm US/Pacific
Court Being Asked To Void Marriages Before Prop. 8
SAN FRANCISCO (CBS 5 / KCBS) ―
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Same-sex couple Ariel Owens and his spouse Joseph Barham walk arm in arm after they were married at San Francisco City Hall June 17, 2008, in San Francisco.
Justin Sullivan/Getty Images
Lawyers for the Yes on 8 campaign said they would argue the California Supreme Court should not only uphold the state ban on gay marriage but invalidate same-sex weddings performed before November 5.
The justices agreed on Wednesday to hear challenges to Proposition 8. Should it be upheld, the court will also decide whether the 18,000 couples who tied the knot before the state constitution was changed can remain married.
"The biggest question mark right now is the question of what happens to the marriages that were valid when they were performed, but now the constitution says they are not recognized," said Yes on 8 attorney Andrew Pugno.
In the meantime, those couples are still legally married. Gay rights advocates said so far none of the couples had reported any problems having their marriages recognized.
"The state is honoring those marriages," said San Francisco attorney Shannon Minter with the National Center for Lesbian Rights. "It seems as though everyone in the whole state is respecting and honoring those marriages."
No more same-sex weddings can be performed until the court's new decision.
Attorneys for both sides have a month to submit briefs before oral arguments are heard in March.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)
California's 1st Same-Sex Marriage
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