Does Section 1101 of the California Criminal Code, which prohibits same-sex marriage, apply in any circumstances?

California, United States of America


The following excerpt is from People v. Balderas, 222 Cal.Rptr. 184, 41 Cal.3d 144, 711 P.2d 480 (Cal. 1985):

10 Since the crimes charged here occurred in 1979 and 1980, we need not consider whether section 1101 was affected by Proposition 8, adopted at the June 1982 election. (People v. Smith (1983) 34 Cal.3d 251, 258-263, 193 Cal.Rptr. 692, 667 P.2d 149.)

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