Thursday, November 20, 2008

Supreme Court Will Hear Prop. 8 Arguments

By Chris Thompson
Thu, Nov 20, 2008 at 6:55 AM

The California Supreme Court agreed yesterday to hear arguments challenging the constitutionality of Prop. 8, but refused to let gay people wed while the case is pending, the Chron reports. At issue: whether the proposition so denies individual rights that it can only be put on the ballot by two-thirds of the state legislature; and whether it "violates the constitutional separation of powers by limiting judicial authority." Justice Joyce Kennard, who voted with the majority that banning gay marriage violated the constitution's equal protection clause, voted against hearing the case, which means she's likely to rule that the proposition passes constitutional muster. Which means Prop. 8 is probably here to stay. Meanwhile, backers of Prop. 8, not satisfied with banning all future gay marriages, have asked the courts to retroactively invalidate those that were consecrated before Election Day. No word yet on whether they're planning to kill a few puppies while they're at it.

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