All Posts Tagged With: "California"
Should the CA Supreme Court Overturn Prop 8?
by Brian Pierce • Feb 4th, 2009 at 8:15 am • 1 comment
News broke yesterday that the California Supreme Court will be hearing oral arguments in March on a challenge the constitutionality of Proposition 8, the “amendment” to California’s constitution prohibiting same-sex marriage. I put the word “amendment” in quotes because whether Prop 8 actually constitutes an amendment is a big part of the dispute. The court directed the parties to argue three issues:
- 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?