BREAKING NEWS: California Supreme Court agrees to hear challenges to Prop 8; Gays still can't marry

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By Larry Altman on November 19, 2008 2:12 PM | | Comments (3) |
By LISA LEFF
Associated Press Writer

SAN FRANCISCO -- California's highest court agreed today to hear
several legal challenges to the state's new same-sex marriage ban, but refused to allow gay
couples to resume marrying until it rules on the measure's validity.

The California Supreme Court accepted three lawsuits seeking to nullify Proposition 8, a
voter-approved constitutional amendment that overruled the court's May decision legalizing gay marriage.

As is its custom when it takes up cases, the court did not elaborate on its decision.


Along with the gay rights groups and local governments petitioning to overturn the ban, the
measure's sponsors and Attorney General Jerry Brown had urged the Supreme Court to
consider whether Proposition 8 passes legal muster.

The court directed Brown and lawyers for the Yes on 8 campaign to submit their arguments
for why the ballot initiative should not be nullified by Dec. 19 and lawyers for the plaintiffs, who
include same-sex couples who did not wed before the election, to respond before Jan. 5. Oral
arguments could be scheduled as early as March, according to court spokeswoman Lynn
Holton.

Both opponents and supporters of Proposition 8 expressed confidence Wednesday their
arguments would prevail.

But they also agreed the cases present the court's seven justices -- six of whom voted to
review the challenges -- with complex questions that have few precedents in state case
law.

All three cases claim Proposition 8 abridges the civil rights of a vulnerable minority group. The
lawsuits argue that voters alone did not have the authority to enact such a significant
constitutional change.

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3 Comments

rick said:

wonder if the unholy alliance between blacks, mormons, and catholics will hold up till March

November 19, 2008 2:28 PM
rick said:

ken starr won't have any better luck with this issue than he did with impeaching clinton

November 19, 2008 2:31 PM
Joe said:

Prop 8 does not reduce, take-away, or otherwise alter any legal rights for domestic partners. The only thing Prop 8 says is that the TERM marriage should REMAIN AS IT HAS ALWAYS BEEN INTENDED... the God-blessed union between one man and one woman. This definition of marriage was born from Christianity and no other source. Trying to redefine the word marriage is no different than those who would claim that Christmas is anything other than a Christian celebration of the birth of Jesus Christ. Come up with a new word, or create your own new tradition, but don't try to wrestle away from Christians a tradition that is thousands of years old. No man or woman has the right to redefine Christianity. Opponents to Prop 8 are essentially discriminators based on religion, which, for the gay minority population, is quite hypocritical.

December 2, 2008 11:17 AM

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Larry Altman has covered crime in the South Bay since 1990. He's seen it all - the missing model who turned up dead in the desert, the wives found dead in trunks, the high-school coaches who get a little too close to their players. He drives his young colleagues nuts with his "I remember when" stories. He welcomes your tips and observations about the present, and you can mix in a little Lakers basketball talk if you like.

E-mail Larry at larry.altman@dailybreeze.com.

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This page contains a single entry by Larry Altman published on November 19, 2008 2:12 PM.

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