Wednesday, November 19, 2008

California Prop 8 goes to Cal S Ct

Images1 The California Supreme Court has agreed to hear the challenges to Proposition 8, amending the state constitution to define marriage as limited to one man and one woman. 

The LA Times story is here.

The SF Chronicle story is here and states:

The court agreed today to review two related arguments by opponents of Prop. 8 - that the measure exceeds the legal scope of a ballot initiative by allowing a majority to restrict a minority group's rights, and that it violates the constitutional separation of powers by limiting judicial authority.

The justices also asked for arguments on whether Prop. 8, if constitutional, would nullify 18,000 same-sex weddings performed between when the court's marriage ruling took effect in mid-June and Nov. 4. Attorney General Jerry Brown, who will defend Prop. 8 as the state's chief lawyer, contends those marriages are legal, but sponsors of the initiative disagree.

The justices asked for written arguments to be submitted by Jan. 21. The court could hold a hearing as early as March, with a ruling due 90 days later.

Previous discussion on ConLawProf blog here.

RR

http://lawprofessors.typepad.com/conlaw/2008/11/california-prop.html

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