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Court agrees to hear same-sex marriage case

November 19, 2008 |  1:57 pm

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

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?

The Times' Maura Dolan has a full story on Proposition 8 and the California Supreme Court.