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Calif. Supreme
Court Will Hear Challenge to Prop. 8

Calif. Supreme
Court Will Hear Challenge to Prop. 8

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The California supreme court announced Wednesday that it will review legal challenges to Proposition 8, which passed by a narrow margin on November 4, constitutionally banning same-sex marriage in the state.

The California supreme court announced Wednesday that it will review legal challenges to Proposition 8, which passed by a narrow margin on November 4, constitutionally banning same-sex marriage in the state.

But don't look for any resolution in the immediate future: The high court scheduled a hearing for March, asking litigants on both sides for more written arguments in the interim.

The National Center for Lesbian Rights, the American Civil Liberties Union, and Lambda Legal filed a suit challenging the validity of Prop. 8 on November 5, before Equality California, the official group that worked to defeat Prop. 8, had formally conceded.

The court will be asked to answer the following questions:

"Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California constitution?"

"Does Proposition 8 violate the separation of powers doctrine under the California constitution?"

"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?"

According to the Los Angeles Times, it's impossible to see how the court is currently leaning on the matter. The same court overturned a ban on same-sex marriage last May in a 4-3 decision. The one thing that's certain is that it could have thrown out the challenge but chose not to.

The court denied an immediate stay of the decision -- which would have permitted same-sex couples to marry until a final court decision was rendered -- but agreed to set an expedited briefing schedule on the matter.

The California supreme court has upheld at least six ballot initiatives and rejected only two, according to the Times. In 1966 the court struck down a ballot measure that would have allowed racial discrimination in housing. The court also overturned Proposition 187, an anti-immigration initiative passed by voters in 1994. (Ross von Metzke and Neal Broverman, The Advocate)

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