SACRAMENTO, Calif. - Between 9 a.m. and noon March 5, the California Supreme Court will hear oral arguments in three cases challenging the constitutionality of Proposition 8, the statewide ballot initiative passed by California voters in November.
Prop 8 amended California's state constitution to define marriage as a union between a man and a woman, thereby overcoming the state Supreme Court's May 2008 ruling that banning same-sex marriages violated the state constitution's equal-protection clause. Prop 8 is the only initiative ever to change the California constitution in a way that takes away a right only from a targeted minority group. The ballot measure passed by a slim majority of 52 percent.
The three cases to be heard are Strauss v. Horton, S168047; Tyler v. State of California, S168066; and City and County of San Francisco v. Horton, S168078. All three were filed directly with the Supreme Court on Nov. 5, the day after Prop 8 passed.
On Nov. 19, the court agreed to hear the cases, denied a request to stay the operation of Prop 8 pending the court's resolution of the cases, granted the motion of the proponents of Prop 8 to intervene in the action and established an expedited briefing schedule.
On Jan. 15, 43 friend-of-the-court briefs urging the court to invalidate Prop 8 were filed, arguing that Prop 8 drastically alters the equal protection guarantee in California's constitution and that the rights of a minority cannot be eliminated by a simple majority vote. The supporters represent the gamut of California's and the nation's civil rights organizations and legal scholars as well as California legislators, local governments, bar associations, business interests, labor unions and religious groups.
Briefing in the Supreme Court was completed Jan. 21.
In each case, the court will consider three questions:
1) Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California constitution?
2) Does Prop 8 violate the separation of powers doctrine under the California constitution?
3) If Prop 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the measure's passage?
To increase public access to the court session, the Supreme Court has designated the California Channel, a public affairs cable network, to provide a live TV broadcast of the session.
Under applicable court rules, the Supreme Court generally issues a written opinion within 90 days of the completion of oral arguments.
