furrbear: (CA Gay Marriage)
From the Sacramento Bee:
The California Supreme Court agreed Wednesday to consider complaints by opponentsof Proposition 8 that it improperly revised the constitution to ban gay marriage.

The court declined to stay its enforcement in the meantime.

Court spokeswoman Lynn Holton said the court asked the parties involved to write briefs arguing three issues:
  1. Is Proposition 8 invalid because it constitutes a revision of, rather than anamendment 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?
Holton said the court established an expedited briefing schedule.

She said oral argument could be held as early as March 2009.





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