California Attorney General Says Prop. 8 is Not Retroactive

The San Francisco Chronicle is reporting that the California Attorney General, Jerry Brown, has declared that even if Proposition 8, the California anti-gay marriage amendment, is passed on Nov. 4, marriages performed before that date would still be valid.

Brown said Tuesday that the ballot language for the proposition defines marriage as being between a man and a woman, but contains no explicit wording about retroactivity.

Supporters of Proposition 8 have responded by saying that the language implies that all same-sex marriages would be null and void regardless of where and when performed, including existing unions.

Brown’s argument about the measure’s language regarding retroactivity, or lack thereof, will be presented in the Sacramento County Superior Court tomorrow as part of a larger hearing on challenges to the Nov. 4 ballot.