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I'm a : Single Gay Man
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What would happen if a gay couple were married and then same sex marriages were made illegal again?
Would they still be legally married?
how would it affect their rights etc?
Made me think did this one lol
![[-]](https://gayspeak.com/images/duende_v3_local/collapse.png)
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reference what happened in CA, if laws are the same in the UK?
the change in the law would not effect those already married
do it.
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Once given the right, it'll be a difficult right to retrieve and I think most politician realise this... (not that it stopped Californian legislators). Nothing about a law is very permanent anyway... everyone's warned.
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My understanding if you have a same sex marriage and then the same sex marriage law is repelled, the marriage becomes annulled.
The chances of same sex marriage laws being repealed (when they are passed) are becoming slighter by the day
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I don't know how it is over there, but here in California all the marriages that happened before the legislature was repealed are still valid.
I even double checked to be sure and found out that Ellen DeGeneres is still married to her lady, even though they married in California.
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The California Supreme Court used a precedent of not revoking legal statuses that were validly granted at the time. This was despite the fact that the wording of the Constitution of California (as amended by proposition 8) is quite clear that same-sex marriages ARE not valid or recognised. Presumably the Supreme Court reckoned (correctly) that they could get away with a pretty liberal interpretation of plain English.
More widely, the only change to marriage laws that I can think of that is similar to same-sex marriage is repeal of anti-miscegenation laws.
All the other changes I can think of regard where the line is drawn regarding how old one must be to marry, how close a blood-relative one can marry, etc. If a society changes where it draws the line it generally seems reasonable not to make it retrospective, those who were previously married in accordance with the law as it stood then, but could not legally marry now remain legally married. Discrimination based on date of marriage is considered acceptable.
Same-sex marriage and anti-miscegenation laws are qualitatively different. They are not consensus lines drawn in the sand; one's gender is not slightly too similar to one's proposed spouse. If same-sex marriage is repealed then there is not the same logic that they should be allowed to stand.
I am not aware of what happened when anti-miscegenation were enacted; what happened to existing mixed-race marriages? Can anyone enlighten me?
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Fred
Life is what happens while you are busy making other plans.
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Deryn Wrote:I even double checked to be sure and found out that Ellen DeGeneres is still married to her lady, even though they married in California.
You actually checked her marriage certificate?
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Fred
Life is what happens while you are busy making other plans.
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Wouldn't the marriage just become defacto? I think that is what happens when a gay married couople come form over seas to live in New Zealand.
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