Nov 20, 2008

Prop 8 Opponents Get Day in Court

The California Supreme Court has agreed to consider multiple lawsuits challenging Proposition 8, the ballot initiative limiting marriage to opposite-sex couples. The lawsuits, described in this post, will be considered by the court on an expedited schedule, with briefing completed in January of 2009 and oral argument possible as early as March. (I know, that doesn't seem so expedited, but for the state high court, it's lightning-fast.)

As described in its order of November 19, the court will consider three questions: (1) whether Prop 8 is invalid because it constitutes a revision of, rather than an amendment to, the California Constitution; (2) whether Prop 8 violates the separation of powers doctrine under the California Constitution; and (3) if Prop 8 is upheld, what is its effect on the marriages of same-sex couples performed before the election?

Six out of seven justices voted to consider the lawsuits. The sole dissenter was Justice Joyce Kennard, whose decision not to join the majority here is somewhat troubling because she was one of the justices who joined the majority opinion in the marriage cases that resulted in the Supreme Court's May 15th ruling making same-sex marriage legal in California. But the questions being considered here are very different from those considered in the marriage cases, so it's difficult to predict where the justices will come down on this one. All of the filings in the Prop 8 case are available on the Supreme Court's "high profile case" page.   

0 TrackBacks

Listed below are links to blogs that reference this entry: Prop 8 Opponents Get Day in Court.

TrackBack URL for this entry: http://www.queerjustice.com/cgi-bin/mt-tb.cgi/824