Tuesday, February 3, 2009

Good News!!

The California State Supreme Court is going to hear the Prop 8 case in March!!! From Bloomberg.com:
"By Karen Gullo

Feb. 3 (Bloomberg) -- The California Supreme Court will consider whether to overturn a voter-approved ballot measure that repealed its ruling legalizing same-sex marriages in a hearing scheduled for March 5.

The court scheduled oral arguments in three lawsuits challenging the constitutionality of Proposition 8, said Lynn Holton, a spokeswoman for the Supreme Court, in an e-mailed statement today. The court issues rulings within 90 days of arguments.

The California Supreme Court legalized gay weddings in May 2008 in a 4-3 ruling. The ruling was overridden by Proposition 8, which amended the California constitution to define marriage as only between a man and woman. The measure was approved by 52 percent of California voters on Nov. 4. Same-sex marriage is legal in Massachusetts and Connecticut.

Lawsuits filed by the city of San Francisco, the American Civil Liberties Union and gay-rights groups claim Proposition 8 so fundamentally changes the rights of a protected minority that it amounts to a revision, not an amendment, to the constitution. Revising the California constitution requires a two-thirds vote by the legislature before it can put before voters, the lawsuits claim.

Proposition 8 also violates the constitution because it prevents the courts from protecting minority rights, the complaints claim. Supporters of Proposition 8 say the measure is legal because it amended the constitution, and they argue same- sex marriages performed before Proposition 8 are no long valid.

Revision, Amendment

The court will consider whether Proposition 8 is a revision rather than an amendment of the state constitution and whether it violates the separation-of-powers doctrine of the constitution, according to the statement from Holton. The panel also will hear arguments on whether gay marriages performed before the measure passed in November should be voided.

About 18,000 same-sex couples have married in California since June.

The cases are Karen Straus v. Mark Horton, S168047, San Francisco v. Mark Horton, S168078, and Tyler v. California, S168066, California Supreme Court (San Francisco).

Good luck and here's hoping!

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