High Court to Hear Challenges to Prop 8

The Los Angeles Times reported today that the state Supreme Court “will review legal challenges to Prop. 8. A hearing is set for March.”

Approved in the November 4 election, the voter initiative restored a ban on same-sex marriage that the Court had previously lifted.

According to the Times, “Meeting in closed session, the state high court asked litigants on both sides for more written arguments and scheduled a hearing for next March. The court also signaled its intention to decide the fate of existing same-sex marriages, asking litigants to argue that question…

“ The court could have dismissed the suits, but both opponents and supporters of Proposition 8 sought review to settle legal questions on a matter of statewide importance…

“The court overturned a ban on same-sex marriage on May 15 in a 4-3 historic decision. Opponents of gay marriage gathered enough signatures to place Proposition 8 on the ballot as a proposed constitutional amendment.

“Gay rights advocates argue that the measure was actually a constitutional revision, instead of a more limited amendment. A revision of the state Constitution can be placed before the voters only by a two-thirds vote of the Legislature or a constitutional convention.

“Lawsuits to overturn the initiative contend it was a revision because it denied equal protection to a minority group and eviscerated a key constitutional guarantee. Supporters of Proposition 8 counter that it merely amended the constitution by restoring a traditional definition of marriage…

“Supporters of Proposition 8 have threatened to mount a recall of any justice who votes to overturn the measure. The court’s members serve 12-year terms and appear on the ballot unopposed in retention elections…

“Prior to a ruling, gay weddings will not be allowed to resume.”

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