California Supreme Court to Take on Proposition 8

Gay Flag
 

The California Supreme Court has agreed to decide three suits related to the passage of Proposition 8. While they'll hear the cases, the court decided to deny requests to stop Prop. 8 from being enforced until they were settled.

The court is likely to hear the cases in March, 2009. The legitimacy of Prop. 8 lies mainly on two factors:

  1. Does Proposition 8 constitute a revision of, rather than an amendment to, the California Constitution? (This would mean it requires two-thirds of legislature)

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

The status of marriages performed before the ban will also be determined. We certainly hope the court comes to the right decision, or at least the one we agree with. If they uphold Prop. 8 as law, a ballot initiative in the future is the only way to return this right to gay Californians, if that is the case, at least time is on our side.

– Andy

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