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California Supreme Court to Take on Prop 8

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Protesters at National Prop 8 March in Downtown LA (more photos here) | Photo by Tom Andrews

The California Supreme Court agreed yesterday to consider Prop 8 opponents' arguments on the validity of the proposition that banned gay marriage in California on November 4th (court motion in PDF here). However, the justices denied a stay that would have let county clerks resume issuing marriage license to gay couples until the case finished.

So what's next? Both sides must submit written arguments to the following questions, via the SacBee:

  • 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?
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As hoped by many, the court will hear this case on an expedited schedule, which means... as early as March 2009.

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