Academic

California Supreme Court to Decide Prop. 8 Issues

By Tony Infanti

The California Supreme Court has issued an order in which it refused to stay the implementation of Prop. 8, but has directed the parties to brief and argue the following issues relating to Prop. 8:

“(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?”

The court adopted an expedited briefing schedule. In its press release, the court indicates that briefing should be completed in January, with the possibility of argument as early as March 2009.

-Tony Infanti

Full post as published by Feminist Law Professors on November 19, 2008 (boomark / email).