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Despite voting against stay of implementation, Cal Supremes will hear Prop 8 challenges

By Richard Binder

The California Supreme Court agreed Wednesday to decide the validity of Proposition 8 and ordered opposing parties to file briefs that will help it decide whether the ballot measure was an improper revision of the state constitution, rather than just an amendment, and whether it violates the separation of powers. The court also asked how the nearly 20,000 marriages performed before the Nov. 4 passage would be affected if the measure is upheld.

To the dismay of Prop 8 opponents, the court -- with the exception of Justice Carlos Moreno -- also voted against staying the initiative's implementation until the three cases before the court are resolved. And Justice Joyce Kennard's vote to deny hearing all the cases, save a potentially resubmitted one on the retroactivity of the initiative, left Prop 8 opponents perplexed.

The court could hear oral arguments as early as March and would be required to issue a ruling within 90 days, meaning a decision could come before June.

See these stories, and read the court order.

Full post as published by Legal Pad | LA on November 20, 2008 (boomark / email).