California voters amended the California constitution in 2008 in response to a decision by the California Supreme Court that would have required California to perform same-sex-marriages. Prop 8 challenges went through California state courts and found the proposition to be permissible. The current challenge to Prop 8 in federal court will soon reach a resolution depending on what the Supreme Court of the United States does.
Right now we are waiting to see if the Supreme Court decides to hear the case. The Supreme Court may announce whether they are going to take the case as early as September 24, 2012. If they decide not to take the case, then the decision of the 9th Circuit (finding Prop 8 unconstitutional) will stand and become law. If they take the case, it is hard to know what will happen, because the Supreme Court has been split on issues relating to gay rights in recent cases.
Practically speaking, if The Supreme Court decides not to take the Prop 8 case, same-sex couples in California will be able to get married very soon. However, it is important to understand that marriage won’t be fully legal until the 9th Circuit orders California Officials to start issuing marriage licenses. If you are waiting on an update to California marriage equality, keep an eye on this blog for further updates on this issue.
If you would like more detailed information on this issue, check out the post on Prop 8 Trial Tracker and article by Lambda Legal. If you would like the assistance of an attorney who is welcoming to LGBT individuals, contact Paul D. McGuire at The Law Office of Paul D. McGuire.