DIVORCE NEWS: SAN FRANCISCO: Quick update: Ninth Circuit stays gay marriage but divorces can proceed

BREAKING DIVORCE NEWS: Not surprisingly, the Ninth Circuit has stayed the lower court’s decision that California’s prop 8 is unconstitutional. That means that same sex couples CANNOT get married in California till the Ninth Circuit has made a determination as to the constitutionality of this legislation, or lack of constitutionality as the case may be.
In the meantime, however, any same sex couple in California who obtained a marriage license prior to the courts determining that gay people can’t get married in California, can go ahead and file for divorce in the state because their marriage is valid (they were grandfathered in) and the divorce can proceed. The Court can’t “stay” divorces of marriages that were legal at the time they were entered into, is basically the thing.
A ruling from the Ninth Circuit is anticipated by December. It’s exciting because this is bound to get to the Supreme Court and I can’t wait to hear what the Supreme Court judges have to say about this issue.
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