Breaking News: CA Supreme Court Will Hear Prop. 8 Challenges

Hannah Tennant-Moore — Thu, 20 Nov 2008 20:40:00 GMT

In case your post-election elation is starting to wear off, here's some good news in the fight for constitutional protections. The California Supreme Court agreed today to hear the case against Proposition 8 brought by the ACLU, the City of San Francisco, and gay rights organizations. This is the same court that unwittingly brought about the Prop. 8 firestorm after they ruled that banning gay marriage violates both the fundamental right to marry and the equal protection clause of the California Constitution.

The lawsuits against Prop. 8 hinge on two main arguments, namely (according to the San Francisco Chronicle) 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 court's decision to review challenges to Prop. 8 is great news, but the fight is far from over. The court also ruled that same-sex marriages will remain illegal until it has considered the constitutionality of Prop. 8. And if it does find the measure to be constitutionally sound, the court will have to decide whether to apply Prop. 8 retroactively, nullifying the 18,000 marriages that took place between the court's legalization of same-sex marriage and the passage of Prop. 8. We'll keep you posted.

Photo: Los Angeles Times

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Breaking News: CA Supreme Court Will Hear Prop. 8 Challenges