Schwarzenegger Clears Ambiguity of Same-Sex Marriages for California

 

California Gov. Schwarzenegger signed legislation late Sunday declaring same-sex marriages performed outside of California prior to the passage of Proposition 8 legally valid in the state.

 

Same-sex couples who married in another state after Nov. 5th, 2008, are to be give the same rights and benefits as opposite-sex couples, but will be referred to as civil unions, according to the new law.

 

Schwarzenegger’s signature clarifies the limbo out-of-state same-sex couples who married found themselves in when the state Supreme Court ruled on Strauss v. Horton in May.  The decision validated the same-sex marriages performed in California prior to Proposition 8 but left unclear the status of out-of-state couples.

 

Opponents of gay marriage were agitated by Schwarzenegger’s decision to legislate over the will of the Californians who passed Proposition 8 in November last year.

"[Schwarzenegger’s signature] dishonors the people of California and weakens the laws set forth by them through the initiative process," said Ron Prentice, director of California Family Council.

Advocates of gay rights applauded the governor’s decision.

 

“When California offered marriage licenses to same-sex couples in 2008, spouses who were already married in another state or country were prohibited from re-marrying in California,” said Senator Leno. “Now those couples and their families will receive the rights and protections under the law to which they are entitled.”

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