The California Supreme Court has agreed to hear the cases filed which challenge the validity of Proposition 8. The court announced will not stay the proposition pending its decision.

According to lawyer, Mark F. Nelson:

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 will also examine whether the amendment violates separation of powers by taking away the court’s ability to enforce equal rights provisions.

According to the LA Times, the court has only overturned 2 out of 8 initiatives in the past. One was in 1966, when the court overturned a repeal of the Fair Housing Act that voters had approved 2-1. Proponents of Proposition 8 are threatening the justices, promising to recall any judge who votes to overturn.

The hearing is not scheduled to take place until March of 2009. Read the story here or here.


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