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.