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California high court agrees to hear Proposition 8 challenges

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

[JURIST] The Supreme Court of California on Wednesday agreed to hear challenges to Proposition 8, the ballot measure that amended the state constitution to ban same-sex marriage, while refusing a petition to stay its enforcement. The court will begin hearing arguments in March to determine whether Proposition 8 violates the state constitution and, if not, its effect on existing same-sex marriages. Petitioners contend the initiative is a constitutional revision, not an amendment, and requires approval from two-thirds of the state legislature. AP has more. The Los Angeles Times has local coverage. The ruling follows two weeks of protests and petitions challenging the amendment since its approval by voters on November 4. Since then, gay rights advocacy groups have especially targeted the Mormon church, arguing that it should lose its tax-exempt status as a religious organization for partisan activism. Yes on 8 estimates that 40 percent of its more than $28 million came from Mormons.

Full post as published by JURIST - The Paper Chase on November 20, 2008 (boomark / email).