Wednesday, November 19, 2008

I won't be holding my breath 'til then

CalLaw reports that the California Supreme Court has agreed to hear the challenges to Proposition 8.
The California Supreme Court has agreed to take up the cases challenging the validity of Proposition 8, which bans same-sex marriage in the state. The court announced it will not stay the proposition pending its decision.

The court will address the following three questions in the cases: Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? Does Prop 8 violate the separation-of-powers doctrine under the California Constitution? And if Prop 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Prop 8?

The court called for briefs to be completed in January, and reported that oral argument may be held as soon as March.

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