CA Supreme Court To Hear Gay Marriage Suit

The California Supreme Court said Wednesday that it will hear a controversial lawsuit filed by opponents of Proposition 8 a voter-approved initiative that banned same-sex marriage in California.

The Court also announced that the hearing could begin as early as March of 2009. Proposition. 8, which passed by a vote of 52.4 percent on Nov. 4, overturned the California Supreme Court's May 15, 2008 ruling which legalized same-sex marriage.

The lawsuit claims that Prop. 8 was not simply a constitutional amendment, which can be approved by a vote of the people, but a dramatic revision of the constitution, which must pass by a two-thirds vote of the state legislature before it can be approved in a general election.

The proposition amended the California Constitution, to state that, "Only marriage between a man and a woman is valid or recognized in California."

Lynn Holton, spokeswoman for the state's Supreme Court, said both parties have been asked to submit briefs presenting their positions on the following statements:

1. Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

2. Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?

3. 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?

The passage of Prop. 8 sparked widespread opposition. Protesters all over the state called the initiative unfair and demanded that it be overturned. But Prop. 8 supporters are firm that the the proposition should stand.

"The people of California have spoken by affirming traditional marriage," said Mathew D. Staver, founder of Liberty Counsel, which supports Prop. 8. "It is time to move on. Fourteen words that reaffirm the historic and common sense definition of marriage are not a radical revision to the Constitution."


The lawsuit has received additional support from civil rights groups such as the NAACP, state and national representatives including U.S. Senator Dianne Feinstein, and California counties including Los Angeles County and many in the Bay Area.

"I am proud to present this motion-co-sponsored by my colleague, Supervisor Zev Yaroslavsky to join an existing lawsuit challenging the constitutionality of Proposition 8," said Gloria Molina, member of the Los Angeles County Board of Supervisors. "While the focus is on the gay and lesbian community, I think this is a civil rights issue for everyone. Every vulnerable minority group in this state should be extremely concerned about the ability of the majority to reach into the constitution and change it to single them out and opt them out of the constitution's protections. That is something no one in this state can or should support. And it is something I intend to fight against