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Breaking News: Cal. Supremes Take Prop. 8 Cases

The California Supreme Court has agreed to take cases challenging Proposition 8. The Court also announced it will not stay the proposition pending a decision. (Sorry, Gavin.)

The Court will address three questions: 

1. Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? 
   
2. Does Prop 8 violate the separation-of-powers doctrine under the California Constitution? 
   
3. If Prop 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Prop 8? 

Briefs are due in January, and oral argument may be held as early as March. (Here is my source.)

My gut sense is that the answers to the first two questions are, "No." That is because the Court has construed "revision" quite narrowly in the past, and because it has held that the separation of powers provision is more tolerant and flexible than its actual language implies. Question number three is a doozie.

Full post as published by Nuts & Boalts on November 19, 2008 (boomark / email).