Calif. Supreme Court accepts same-sex marriage case but refuses to halt Prop. 8 enforcement

The California Supreme Court has agreed to hear a challenge to Proposition 8, the ballot measure approved earlier this month that banned same-sex marriage in the Golden State.

But the court also denied a request to put the ban on hold until it considers the challenge.

Here's the court's actual statement:

"The California Supreme Court today denied requests to stay the enforcement or implementation of Proposition 8, and at the same time agreed to decide several issues arising out of the passage of Proposition 8.

"The court’s order, issued in the first three cases that had been filed directly in the state’s highest court challenging the validity of Proposition 8, directed the parties to brief and argue three issues:

(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?"

More details later.

--Andrew Malcolm

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Comments

[Richard]

The High Court must ask themselves one question. Should ANY law abiding, tax paying citizen have different constitutional rights then the next? Any trained monkey with the exception of a bigoted monkey must answer NO. Therefore, I do not see any other outcome than the court overturning Prop 8. It's time a message is sent to the religious bigots of this country and let them know they aren't running crap. Ps. Equal right arent good enough. Marriage equality for all must be the outcome. Equal rights without the word marriage is like saying, "you can ride on the bus but you have to sit in the back! And that is unacceptable!!!!!!

[Brendan Patrick]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

It's about time.

[geministorm]

I don't agree with Prop 8, but the CA Supreme Court should *not* be making laws from the bench. We've gone through similar situations in the past and its never a good idea to let unelected people have the power to make/change laws. That is what the legislature is for, and it completely breaks our process of checks-and-balances. When unelected, life-time appointed officials make laws, its no longer a democracy...more like an oligarchy.

Hey California, pressure the state legislature and sway people/citizens of the state! Those same judges could just as easily take away anyone's rights if you allow them this precedent. BTW, a lot of the illegal aliens in your state are probably Catholic...maybe rethinking that whole safe haven policy in some cities is due?

[Ian Paisley]

Catholicism or Popeism as we call it here in Ulster is the
greatest ennemy of civil rights and gay rights. The court
should ban catholicism before it attempts to again impose
the legalisation of gay marriage.Fair minded protestants
accross the world reject Rome's sectarism and
bastardisation of theology.

[welf evident]

Brendan Patrick

Marriage between a man and a woman was so self evident when those words were written that it would have been the equivalent of saying the sky is blue. Gay marriage was utterly inconceivable at that time. Gay marriage is the most drastic social experiment in history of the world. It will lead to our destruction as a society. Don't mention anything about slaves. Total different subject.

[Brian Jasso]

Same-sex marriage, will it really destroy our society? Or will it make no difference? People seem to assume that they know. Homosexuallity dates as far back as the roman times, the egyptians. Should we really take away the right to marry who they want? I think not.