The state Supreme Court agreed yesterday to review the challenges to Proposition 8 to ban same-sex marriage. The constitutional amendment known as Proposition 8 was approved by voters in the states of California.
The Supreme Court justices said they will hear three separate challenges on Proposition 8. The challenges were filed in the days after the amendment passed on November 4. The justices declined to suspend the enforcement of the amendment so, until further notice, same-sex marriage can not resume.
The Supreme Court justices voted 6 to 1 to review the arguments on Proposition 8. The Court’s measure hints that the justices plan to resolve all the legal issues involved, including the solution on the gay couples that already wed.
State officials estimated that about 18,000 gay couples wed between the May 15 ruling and before the November vote.
This decision came about six months after the Court ruled 4-3 to strike down the state law denying gay couples the right to wed. The ban was reinstated when Proposition 8 passed with 52 percent of the vote.
The main contention of the arguments filed against Proposition 8 is that the amendment is so far-reaching that it amounts to a fundamental revision of the state’s constitution. Those who filed the challenges argue that the amendment strips one minority group of equal rights by a simple majority vote and such a measure sets an example that could lead to other minority groups to lose some of their rights.
On the other side, the supporters of Proposition 8 said that all the amendment did is change the definition of marriage and it did not alter the fundamental structure of government.
The other arguments filed on Proposition 8 were:
- Does it violate the separation-of-powers doctrine under the state constitution?
- If Proposition 8 is constitutional, what effect does it have on the same-sex marriages performed after the court's May 15 ruling and before the November vote?
Oral arguments could be heard in March, 2009, while a decision is expected sometime next year.