Until death do us part – or the November election?

So now the question is how long will this gay marriage thing last?  I’m not thinking about how many will ultimately follow the fate of most opposite-sex marriages, which is to say divorce.

With a constitutional amendment ballot initiative likely here in California (petitions with over 1 million signatures have already been submitted to the Secretary of State’s office) the question many of us are left with is simply – if we get married now will we still be married if the right is taken away?  Or can it even be taken away?

Legal experts seem to disagree.  And if the amendment passes it will surely be a question that will be taken to court.  Which will leave couples in legal limbo for several years.

The Chron today interviews several legal beagles on the topic.  Of particular note is the remark by Douglas Kmiec of Pepperdine (who was part of the legal team opposed to gay marriage) who

“…doubts that the court will allow a ballot initiative, even a state constitutional amendment, to revoke rights that the justices have just described as fundamental.”


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