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The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
A party to the marriage is forbidden to marry as a result of losing their civil rights, such as for conviction of a crime. The form of the marriage is forbidden by statute – such as same-sex marriage (in some jurisdictions) or group marriage. Attempts to espouse a Ford motorcar [5] or a "porn-filled Apple computer" [6] have been dismissed as ...
A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
The measure asks voters to change the California Constitution to enshrine a "fundamental right to marry" and remove language that defines marriage as between a man and a woman.
California voters will decide in 2024 whether to enshrine the right to same-sex marriage in the state constitution, a chance for them to permanently remove an inactive ban on same-sex marriage ...
Only marriages which have the appearance of validity are considered putative. Consequently, if form is altogether lacking, then the marriage is not considered putative, and the marriage does not enjoy the presumption of validity. If the impediment is removed, or a dispensation granted, and if consent perdures, the marriage can be convalidated.
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The proposition was created by opponents of same-sex marriage in advance [3] of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which found the ban in 2000 on same-sex marriage (Proposition 22) unconstitutional. Proposition 8 was ultimately ruled unconstitutional in 2010 by a federal court on different grounds ...