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Proposition 8 amended the state constitution of California to eliminate the right of same-sex couples to marry. That amendment has since been overturned, although the decision is currently under appeal. Proposition 8 did NOT nullify legal marriages performed in California prior to its ratification in November 2008. Those marriages are grandfathered.

The United States Supreme Court issued a ruling on June 26, 2013 that resulted in Prop 8 being struck down and same-sex marriages resuming in California effective June 28, 2013.

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12y ago
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12y ago

Since this question was asked, Proposition 8 passed and was later overturned, but that ruling is under appeal. Nevertheless, the same-sex marriages that took place in California between June 16 and November 4, 2008 are still legal. However, no new same-sex marriages can take place in California until the temporary stay preventing California from issuing new same-sex marriage licenses is lifted by either the 9th Circuit Court of Appeals (which is now hearing the appeal) or the Supreme Court of the United States.

Same-sex marriages legally performed in other jurisdictions during that specific period in 2008 are also still recognized in California.

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12y ago

No. Same-sex marriages that were performed in California between June 16, 2008 and November 5, 2008 (the date Proposition 8 took effect) are still legally recognized in California. In fact, same-sex marriages legally performed in any state or foreign country between those two dates are still legally recognized in California.

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Q: How did California's Propostion 8 affect same-sex marriage?
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