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California Supreme Court to hear Proposition 8 arguments in March

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The California Supreme Court announced Tuesday that it will hear oral arguments on March 5 in the three cases challenging the constitutionality of Proposition 8, the ballot measure passed in November that banned same-sex marriage. The court issued an order listing the three issues to be briefed and argued as follows:(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?Live broadcast of oral arguments will be available through the court-designated cable network California Channel. Sixty-three organizations have filed amicus briefs, forty-three on behalf of petitioners and twenty to uphold the ban.In November, the California Supreme Court agreed to hear the three cases, but denied petition to stay its enforcement. Proposition 8 has become a focal point for gay rights, and during the campaign donors from across the US and several foreign countries contributed $83 million in total for both sides of the issue, setting US fundraising records.

Full post as published by JURIST - The Paper Chase on February 04, 2009 (boomark / email).