Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Thursday, August 12, 2010

Stay Denied in Prop 8 Case

The federal judge in California who recently ruled Proposition 8 unconsitutional in Perry v. Schwarzenegger has just denied a motion to stay his judgment pending appeal to the Ninth Circuit, meaning that same-sex couples can begin marrying after August 18 in California.  Read the order here.


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What would be the legal status of those marriages should the court of appeals over turn the federal judge's ruling that Prop 8 is unconstitutional? Would those marriages be null and void as a matter of law?

Posted by: Tulsa Attorney | Jan 9, 2011 6:11:28 PM

Interesting question--I would presume that the court would issue an order voiding all such marriages.

Posted by: Margaret Ryznar | Jan 15, 2011 10:21:11 AM

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