SFist: The Divorce Debate of Prop 8

Elizabeth

Thu, 19 Mar 2009 23:30:09 -0800

If the marriages are not upheld I imagine that the 18,000 couples will be offered the chance to "downgrade" to Registered Domestic Partners (if they aren't already). That union will deal with the kids, money, pensions, property, etc. They should issue refunds for the license fees, too.

manys

Thu, 19 Mar 2009 23:00:30 -0800

I hear what you're saying, but I just don't buy it. This is just a stumbling block on the eventual path to marriage equality. The system won't be able to sustain having this weird segment of valid marriages that is closed off like that. Yes8's are painted into a corner here and are striking back the only way they can, but the dam won't hold, not like this. Forcibly divorcing 18,000 couples? Yeah, right. The "Cultural Revolution" parallels would make that a world-class controversy, and if successful would be a worldwide addition to every teenager's "World History" book and its huge page would endure an endless edit war on Wikipedia. Not to mention the legalisms that would ensue. It would be an absurdly nuclear outcome.

fizzandpop

Thu, 19 Mar 2009 17:13:23 -0800

A voluntary dissolution doesn't work if you've got kids, money, property, pensions, a favorite plant etc. These things tend to gum up the works a little.

peej66

Thu, 19 Mar 2009 17:06:50 -0800

In regard to the 18,000 marriages - particularly to mine - a voluntary dissolution would not require legal assistance.

fizzandpop

Thu, 19 Mar 2009 17:00:59 -0800

Well that all depends on who you married doesn't it?

peej66

Thu, 19 Mar 2009 16:50:25 -0800

You don't need a lawyer to file for divorce.

magdelyn

Thu, 19 Mar 2009 16:49:44 -0800

It is all a conspiracy of we lawyers.

peej66

Thu, 19 Mar 2009 16:30:17 -0800

Unless those contracts apply to homosexuals, I would bet. If the court honestly believes THIS YEAR that domestic partnerships are acceptable (even though they weren't last year) then couples that have property issues should sign up for them. If the court actually believes that it is within the people's power to indicate which populations are eligible for particular privileges, then they should dissolve. The last thing I want to be is an exception. I don't want a fucking asterisk next to my name like some fucking leper.

sfnrh

Thu, 19 Mar 2009 16:26:22 -0800

Way to stretch it. If you RTFA, the only place the word 'divorce' appears is in the headline. Nullification, aka "never happened". No divorce necessary.

fizzandpop

Thu, 19 Mar 2009 16:20:43 -0800

But you can't just dissolve 18,000 marriages with the stroke of a pen. The property rights that the partners thought they were being guaranteed by a legal marriage have to be respected. A marriage is a legal contract and contracts cannot be broken by the government: see AIG.

peej66

Thu, 19 Mar 2009 15:53:20 -0800

As far as I'm concerned, I hope the court has the integrity to dissolve the marriages if they truly believe that Californians have the right to pass amendments like 8. Allowing the marriages to continue is the ultimate in cowardly fence sitting and would fully expose the court as being self serving. By upholding the licenses and and 8 at the same time, the court can conveniently say that no one should be pissed enough to vote against them on retention day - which is in 2010 for George, I believe. If the marriages are tossed, there ought to be another surge of energy behind a repeal and that surge is going to be necessary to push the 5% needed to turn this around. Keeping 18,000 couples secure also keeps them invisible. I am one of the people in those 18k and I was also married in 2004 and I hope the court throws my marriage out - again. It makes me sick to think that might not happen. Unlike many heterosexual supremacists, I don't feel comfortable having a privilege that is withheld from a minorty group. We may divorce if the court won't do it for us.

fizzandpop

Thu, 19 Mar 2009 15:45:03 -0800

Is it Kenneth Starr's life work to make sure that every dollar ever earned by the entire population of the world throughout the history of mankind be spent on lawyers? He practically bankrupted Slick Willy. Now he wants 18,000 people to get a divorce? This is going to get expensive, and as always not for Kenny. Please get a prostate cancer the size of a water mellon, now, please, for the sake of humanity.

Xenu

Thu, 19 Mar 2009 15:39:59 -0800

This whole thing is a conspiracy on the part of divorce lawyers.

jimH

Thu, 19 Mar 2009 15:38:40 -0800

Can you imagine the logistics of unwinding 18,000 marriages? Expect that the couples who married will get grandfathered in, if it comes to that...