The election is over, but passionate debate continues around Proposition 8, the ballot measure that amended the state Constitution to make gay marriage illegal. Here are answers to some of the questions the measure has raised.
There were millions of mail-in and provisional ballots left to be counted after Election Day. What is the status of the vote tally on Proposition 8?
The Secretary of State's Office estimates 2.1 million ballots still to be counted statewide. But the approval rate for Proposition 8 has remained relatively stable, with 52.3 percent of voters supporting the measure. Measure opponents conceded defeat last week.
Do same-sex couples who register as domestic partners get the same legal privileges as married heterosexuals?
Under state law, same-sex domestic partners have most of the same legal rights as heterosexual married people, including hospital visitation privileges and the ability to share health benefits.
But the federal government does not recognize same-sex marriage, which in the United States is legal only in Massachusetts and Connecticut. Federal benefits and protections, such as the ability to file joint federal tax returns, apply only to married heterosexual couples. Other areas affected include Social Security benefits, veterans benefits, health insurance, Medicaid and family leave.
How many same-sex couples got married between May, when the California Supreme Court ruled such unions were legal, and the passage of Proposition 8 on Nov. 4?
About 17,000. The last weddings took place Nov. 5.
What is the legal status of those marriages?
That remains an open question. State Attorney General Jerry Brown has said his office will defend the marriages as lawful because they were contracted during the time same-sex marriage was legal in California. Proposition 8 did not state the measure was retroactive.
But others, including constitutional law expert Gerald Uelmen of Santa Clara University, think the marriages will be invalidated if challenged. The issue is expected to land in the courts.
What's next?
Opponents of Proposition 8 have filed suit in state Supreme Court, seeking to invalidate the measure. The lawsuit contends that Proposition 8 is invalid because it undoes the state constitution's commitment to equality for everyone. A ruling could be issued as early as this week.
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