California’s Gay-Marriage Ban Goes to State Supreme Court

Responding to a fleet of lawsuits filed on behalf of married couples, and moving with unprecedented speed, California’s Supreme Court has voted to review Proposition 8, the recent ballot initiative that intended to amend the state’s constitution to limit marriage to heterosexual couples.

A hearing may come as early as March. In the meantime, the court upheld a temporary ban on same-sex marriage until it makes a ruling.

The court order directed the attorneys for the first three lawsuit to brief and argue these points:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

(2) Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

You can read more in the Los Angeles Times.


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