California Supreme Court to Decide Prop. 8 Issues

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The California Supreme Court has issued an order  in which it refused to stay the implementation of Prop. 8, but has directed the parties to brief and argue the following issues relating to Prop. 8:

“(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 court adopted an expedited briefing schedule. In its press release, the court indicates that briefing should be completed in January, with the possibility of argument as early as March 2009.

-Tony Infanti

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