Just over an hour ago, the California Supreme Court issued an order stating that it will hear the challenge to the consitutionality of Proposition 8, the ballot measure banning same-sex marriage in California which was approved by voters in this month’s election.
The issues to be heard by the Court are:
(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal. Const., art. XVIII, §§ 14.)
(2) Does Proposition 8 violate the separation of powers doctrine under the California Constitution?
(3) 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?
Briefs are set to be filed in January 2009.
[…] also read that the California Supreme Court has agreed to determine the constitutionality of Prop 8. Thank god. It was sad to know that our states legislated hate in denying all people the same […]
I understand that the litigants attacking the law wouldn’t want to rely on the Romer v. Evans doctrine in federal court, because that would eventually lead to a hostile SCOTUS. I also understand why they wouldn’t rely on Romer alone, as the discriminatory proposition in that case (barring local governments in Colorado from passing anti-discrimination measures protecting gays) may well be distinguishable from Prop 8 — though I think a colorable comparison to Romer exists.
But why not assert that the California courts should recognize a Romer doctrine under the equal protection clause of California’s own constitution? That could achieve the same result without triggering SCOTUS review. This California Supreme Court might well accept a doctrine that the California constitution prevents the populace from passing propositions divesting identified groups of previously recognized rights.
[…] Court to Decide the Constitutionality of Prop 8 Vote Legal Satyricon Just over an hour ago, the California Supreme Court issued an order stating that it will hear the […]