Proposition 8 Update
The California Supreme CourtĀ has accepted to hear three lawsuits seeking to overturn Proposition 8. The Court did not elaborate on its decision.
All three cases claim the ban abridges the civil rights of a vulnerable minority group. The casesĀ assert that voters alone did not have the authority to enact such a significant constitutional change.
Three questions the CA Supreme Court must address:
-
Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?
-
Does Proposition 8 violate the Separation-of-Powers doctrine under the California Constitution?
-
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?