Calif. gay-marriage ruling challenge

gay marriageA federal appeals court this week considers a request to ban the resumption of same-sex marriages in Californina that would be based on a federal judge’s ruling which said the state had no constitutional right to block such marriages — which happened when voters approved Proposition 8 last year.  Gay-marriage opponents want them to be put on hold until the case can be appealed to the U.S. Supreme court.  Law Professor Linda McClain, an authority on family law, says California already is living with thousands of such marriages performed between the time the state Supreme Court said they were legal and when voters overruled the court with Proposition 8.

“So there is a precedent for having a period in which marriages are allowed, even if subsequent marriages are banned.  And Californians are living with these marriages without evident harm to the institution of marriage.”

Contact Linda McClain, 617-358-4635,

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