After Prop 8: The Future of Gay Marriage in California

Analyzing the court's decision to uphold Prop 8

Wednesday, May 27, 2009

Advocates for gay marriage in California hoped the State Supreme Court would overturn last November’s ballot initiative that took away the right to same-sex marriage, but their hopes were dashed yesterday when the court upheld Proposition 8, which defines marriage as between a man and a woman. The Takeaway is joined by John Schwartz, the legal correspondent for The New York Times to discuss the repercussions of this ruling.
"People have a deep emotional tie over generations to the word 'marriage.' People who want to protect marriage feel intensely strongly about it. People who want to get married want to get married."
—New York Times writer John Schwartz on Proposition 8 in California


John Schwartz

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Farai Chideya


Jim Colgan

Comments [1]

Fred Kearney

Perhaps we should follow the system used in Latin America for marriage. The state is not in the religious marriage business there and religions do not participate in the civil contract element of a marriage.

If you want to have a civil contract of marriage, you go to a "notario" and get married there. It is a civil contract and carries with it all the rights and responsibilities of a marriage.

If you want to be married according to religious beliefs, then you go to a church and get married; however, the religious marriage has no civil law effect on the couple as it is not recognized as creating the civil "contract" of marriage. In order to have both a religious and state recognition of a marriage, one must go through two "weddings."

May. 27 2009 06:28 AM

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