Calif. Supreme Court to Hear Legal Challenges to Prop 8
Updated 5:50 PM PST, Thu, Nov 20, 2008
LOS ANGELES -- The California Supreme Court on Wednesday accepted jurisdiction over various legal challenges to Proposition 8, the voter-approved measure banning same-sex marriage, but rejected a request that enforcement of the ban be delayed pending the outcome of the court cases.
Shortly after voters approved Proposition 8 on Nov. 4, three lawsuits were filed directly with the state Supreme Court challenging the validity of the measure. A host of organizations have filed petitions with the court in support of the challenges. The city and county of Los Angeles both joined a lawsuit filed by the city and county of San Francisco challenging the measure.
Lawsuits generally must be filed in lower courts and work their way up to the state Supreme Court. On Monday, state Attorney General Jerry Brown petitioned the state Supreme Court to assume immediate jurisdiction over the Proposition 8 lawsuits to ensure a quick resolution.
In a two-page order, the state's highest court gave attorneys for the state until Dec. 19 to file papers addressing three questions raised by the various lawsuits:
- Is Proposition 8 invalid because it constitutes a revision of, rather an 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?
Eight years ago, California voters approved Proposition 22, which specified in state law that only marriages between a man and a woman are valid in California. In May, the state Supreme Court ruled the law was unconstitutional because it discriminated against gays, and an estimated 18,000 same-sex couples got married over the past six months.
After Proposition 8 passed, Brown said those unions will be honored, but he ordered county clerk offices throughout the state to stop issuing marriage licenses to same-sex couples.
After attorneys for the state file their court papers, attorneys for Proposition 8 opponents will have until Jan. 5 to reply. Any groups planning to file "friend of the court" briefs weighing in on either side of the issue must do so before Jan. 15.
Proposition 8 was approved by a margin of 52.5 percent to 47.5 percent. The measure's approval has prompted protests across California and in some cities across the country.
Officials from the National Center for Lesbian Rights, American Civil Liberties Union and Lambda Legal -- the groups that filed one of the lawsuits on behalf of six residents and Equality California -- praised the Supreme Court's decision to hear the cases.
"If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take away an existing right only for a particular group," according to a statement issued by the organizations. "Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights."
Randy Thomasson, president of Campaign for Children and Families, criticized the court's decision, and said the proposition should stand.
"The court is playing with fire by threatening to destroy the people's vote on marriage," he said. "The California Constitution clearly says that the voters have the right to alter the highest law of the land. It's the beauty of the American system of government."
Copyright Associated Press / NBC Los Angeles
First Published: Nov 19, 2008 1:59 PM PST
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