Prop. 8: What If It Passes?

Reporting
Elyce Kirchner

SACRAMENTO (CBS13) ― California's Proposition 8, the ban on same-sex marriage, is the most talked-about issue in the California election. Support for the measure is trailing by a very narrow margin, so if it passes, will same-sex couples be able to marry on Wednesday?

The answer may depend on how close the election is on Tuesday, and many gay couples are rushing to tie the knot before voters have a chance to prevent it.

Justin Lawson and John Carlos Alonzo said "I do" today after they decided to jump the gun.

"[We] want the legal protection just in case Prop. 8 does pass tomorrow," Lawson said.

Legal expert Leslie Gielow Jacobs says that nobody knows for sure what will happen if Proposition 8 passes, but says the state supreme court will likely recognize the 11,000-plus same-sex weddings leading up to election day.

"It has allowed these marriages to go forward in the interim knowing about this challenge," Jacobs said. "It seems like perhaps the court would not hold the marriages to be invalid."

The Sacramento County Clerk's Office says it's unknown exactly when they would stop issuing same-sex licenses.

"If it's a close election, I've heard of it taking several days," or even longer, said assistant county clerk Wanda Dark. "Once the election is certified and if it does pass, we will stop issuing same-sex marriage licenses."