AKA William

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The consensus seems to be that Prop 8 will be upheld, but gay marriages performed before Prop 8 was approved by voters will still be legal. If so, then what happens to the gay couples who were married outside of California during that 6-month window when gay marriage was legal in California? Assuming that these couples moved to CA? Via the Orange County Register

Will those [gay marriages] performed in Massachusetts, Connecticut, and abroad be recognized if the couples move to California? (Canada, Belgium, Spain, Netherlands, Norway and South Africa all perform gay marriages).

[M. Katherine B. Darmer, a Chapman School of Law professor] thinks you can forget about any gay marriages performed out-of-state after the Nov. 4 election here. “There’s no argument to be made,” she said. That would rule out Connecticut, which began performing gay marriages Nov. 12.

However, a good argument could be made that those married elsewhere between June 16 and Nov. 4 – when gay marriages were performed in California – should be recognized if those couples move here, she said.

And Darmer thinks an argument could also be made, although not quite as easily, that gays married prior to June 16 should have their marriages recognized in California. Since the May state Supreme Court ruling found that, at that time, a ban on gay marriages was in conflict with the state constitution, gay marriages performed elsewhere prior to June 16 should be recognized here, she said.

From a layman’s view, couldn’t these arguments be used to further demonstrate that gay marriage itself is not the issue — it’s the voting process that let this right be taken away?