Prop. 8 will not be retroactive according to Attorney General Jerry Brown
August 05, 2008 at 10:02 AM
The San Francisco Chronicle published an article today on Proposition 8, which seeks to deny civil marriage rights to same-gender families. In the article, state Attorney General Jerry Brown states that the marriages formed prior to the election will remain valid even if the proposition banning them passes. Jerry Brown stated that, "I believe that marriages that have been entered into subsequent to the (May 15) Supreme Court opinion will be recognized by the California Supreme Court...I would think the court, in looking at the underlying equities, would most probably conclude that upholding the marriages performed in that interval (before the election) would be a just result." Brown's opinion on this issue is important as he will be representing the state in any future legal action on this issue.
Prop. 8 not retroactive, Jerry Brown says -- San Francisco Chronicle