California Supreme Court Agrees to Hear Case on Gay Marriage

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A decision has been made. The California Supreme Court has decided to hear the legal issues over Prop. 8, the same-sex marriage ban which passed by razor-thin 52% of the vote, but said it won't issue a stay against the voter-approved same-sex marriage ban. Which is to say, county clerks will not be allowed to resume issuing licenses to queer couples until the case is decided. Prop. 8 is still in effect.

Court spokeswoman Lynn Holton, according to the The Sacramento Bee, said the court asked the parties who filed the suits to write briefs on three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

(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?

(Feel free to write your own brief briefs as well in the comments, readers.)

An "oral argument" could happen as early as March 2009. To read the court's decision, go here. (Warning: .pdf file.)

Comments (10) [rss]

For once I actually feel bad for Jerry Brown. He doesn't support Prop h8, but as the California AG he is legally bound to defend it.

Jerry B is an idiot.He used to a super cool idiologue.

My favorite letter in opposition to the petition came from someone in San Diego calling herself the Kingdom of Heaven. After blaming global warming and recession on gay marriage, she goes on a nice derail about the Iraq War and something about the former governor of New York hiring prostitutes. It's 40 pages of crazy:

http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/s168047-letter-denial-heaven.pdf

Dantsea: This is HILARIOUS! Oh man, the wingnuts hella make me laugh.

@largo01:

"the wingnuts hella make me laugh."

Until they strip your rights away, that is.

bluecanary: I'm just waiting for the big earthquake. They'll think God is angry at them, and they'll move to the South.

largo01: don't you mean "they'll move BACK TO the South?"

oh right. BACK to the South. Silly me. well it is already happening with the economy failing us. All the people from the rest of America who moved to Cow Hollow are now losing jobs and moving back. Which is great, because now there are apparently places for rent in Cow Hollow--if you want to live there...

back to south Castro or Polk?

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