Legal Question in Wills and Trusts in California

is a sme sex marriage still valid , if it was performed before prop.8


Asked on 11/08/12, 5:02 pm

3 Answers from Attorneys

Victor Waid Law Office of Victor Waid

This a family law question and should be addressed to a family law lawyer.

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Answered on 11/08/12, 5:07 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

The Marriage Recognition and Family Protection Act established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category also includes same-sex marriages performed before same-sex marriage became legal in California.

So yes.

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Answered on 11/08/12, 5:21 pm
Robert F. Cohen Law Office of Robert F. Cohen

I echo what my colleagues have said. Also, you might keep an eye on the U.S. Supreme Court's 2012-2013 term. If it takes up and affirms the 9th Circuit Court of Appeals' decision in February, marriage equality might be reinstated in California sometime next summer or fall. If it declines to take the case and other marriage equality cases, then same-sex marriage probably would be reinstated in California a short time later and even sooner.

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Answered on 11/08/12, 7:31 pm


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