Protect Gay Married Couples: Three Suggestions

Lost in all the publicity about post-election No on 8 protests is the question of whether the 18,000 gay couples who tied the knot this year in California will see their marriages voided by the courts. Protecting these marriages is essential as a matter of humanity, of avoiding a bigger legal mess. Here's how to respond.

1. The Yes on 8 folks -- the opponents of same-sex marriage -- would be wise not to challenge these marriages in court. It would be both the decent and the politically wise thing to do. Forcing the voiding of these marriages could boomerang against their cause. I'm hearing some discussion among conservatives who favor this step, but I think this is probably too much to hope for.

2. Some of the state's best lawyers are working on protecting these couples and repealing Prop 8.  But the courts take time. The legislature and the governor -- who played coy during the Prop 8 campaign instead of showing leadership by actively opposing Prop 8 -- need to move immediately to give every specific protection to the existing marriages that they possibly can. It's unclear what form this could take, but clear statements that the initiative not be applied retroactively would be a good first step.

3. Preparing for defeat. If the marriages are voided, these couples will need help in very pragmatic ways. Some dissolved domestic partnerships to get married. Legislation should turn these voided marriages into domestic partnerships, unless couples specifically opt out. The state also should come up with money that could be used to defray legal bills that result from the voiding of marriages. A whole host of contracts and legal arrangements -- involving adoption of children, property records, wills and estates, etc. -- could be affected by the voiding of the marriages. At the very least, gay married couples should be made financially whole if their marriages are voided.