If same-sex couples in California can begin to marry again starting on August 18, will those marriages be valid if Judge Walker’s ruling is later overturned on appeal?
We strongly believe that marriages based on Judge Walker’s decision should be valid, even if the decision is later overturned on appeal (which we do not expect, given the strength of Judge Walker’s opinion). In his stay order, Judge Walker also supported that position, stating, “The court has the authority to enjoin defendants from enforcing Proposition 8. It appears, then, that marriages performed pursuant to a valid injunction would be lawful, much like the 18,000 marriages performed before the passage of Proposition 8 in November 2008. See Strauss v Horton, 46 Cal 4th 364, 472 (2009) (holding that married couples’ rights vest upon a lawful marriage).” That said, to be safe, we strongly encourage same-sex couples in California who marry based on Judge Walker’s decision to also register as domestic partners to ensure that you are protected in the event your marriage is ever challenged. California law permits a couple both to marry and register as domestic partners, so long as it is wi
