Richard Tafoya
Nov 20th, 2008, 07:47 AM
San Jose Mercury News:
http://www.mercurynews.com/news/ci_11024156
The California Supreme Court moved swiftly Wednesday to tackle the latest legal showdown over gay marriage, agreeing to consider three lawsuits that challenge the legality of Proposition 8's abolition of same-sex weddings.
At the same time, the state's high court rejected a bid to put Proposition 8 on hold while the legal struggle unfolds, postponing indefinitely any new wedding vows for gay and lesbian couples. The Supreme Court indicated it is likely to rule by June.
The justices' two-page order sets the stage for another historic courtroom collision that may decide whether same-sex couples can resume marrying in California, as well as determine the legal status of thousands of gay and lesbian couples who wed before voters backed Proposition 8.
...
Attorney General Jerry Brown, who earlier this week opposed a stay because it would generate too much legal confusion, has not taken a position on the legal challenges, but did urge the justices to accept the cases to give the state "finality.'' Gov. Arnold Schwarzenegger has stated publicly that he believes the Supreme Court will again strike down the gay marriage ban.
In the meantime, legal experts are divided over the likely outcome — although most do not believe the court would void the existing same-sex marriages because of precedents that frown on taking away existing rights. The central question in the case is whether a change to the state constitution that removes a legal right for a minority group is so dramatic that it must first be considered by the Legislature before it can be put before the voters.
Gay rights advocates argue that a ballot measure cannot be used to strip away the constitutional rights established in May's Supreme Court ruling. In a technical argument with sweeping ramifications, they contend the gay marriage ban amounted to a revision to the existing state constitution, requiring a two-thirds majority of the Legislature — or a state constitutional convention — to the get the issue on the ballot.
But Proposition 8 supporters insist the measure was a basic amendment to the constitution that could be put on the ballot through a common petition drive. In court briefs, they argue voters have a firm right to amend the state constitution, saying the Supreme Court's May ruling simply trampled on past decisions by voters to outlaw gay marriage. They also point to past voter-backed constitutional amendments upheld in the courts, including California's death penalty law and Proposition 13's overhaul of the property tax system.
http://www.mercurynews.com/news/ci_11024156
The California Supreme Court moved swiftly Wednesday to tackle the latest legal showdown over gay marriage, agreeing to consider three lawsuits that challenge the legality of Proposition 8's abolition of same-sex weddings.
At the same time, the state's high court rejected a bid to put Proposition 8 on hold while the legal struggle unfolds, postponing indefinitely any new wedding vows for gay and lesbian couples. The Supreme Court indicated it is likely to rule by June.
The justices' two-page order sets the stage for another historic courtroom collision that may decide whether same-sex couples can resume marrying in California, as well as determine the legal status of thousands of gay and lesbian couples who wed before voters backed Proposition 8.
...
Attorney General Jerry Brown, who earlier this week opposed a stay because it would generate too much legal confusion, has not taken a position on the legal challenges, but did urge the justices to accept the cases to give the state "finality.'' Gov. Arnold Schwarzenegger has stated publicly that he believes the Supreme Court will again strike down the gay marriage ban.
In the meantime, legal experts are divided over the likely outcome — although most do not believe the court would void the existing same-sex marriages because of precedents that frown on taking away existing rights. The central question in the case is whether a change to the state constitution that removes a legal right for a minority group is so dramatic that it must first be considered by the Legislature before it can be put before the voters.
Gay rights advocates argue that a ballot measure cannot be used to strip away the constitutional rights established in May's Supreme Court ruling. In a technical argument with sweeping ramifications, they contend the gay marriage ban amounted to a revision to the existing state constitution, requiring a two-thirds majority of the Legislature — or a state constitutional convention — to the get the issue on the ballot.
But Proposition 8 supporters insist the measure was a basic amendment to the constitution that could be put on the ballot through a common petition drive. In court briefs, they argue voters have a firm right to amend the state constitution, saying the Supreme Court's May ruling simply trampled on past decisions by voters to outlaw gay marriage. They also point to past voter-backed constitutional amendments upheld in the courts, including California's death penalty law and Proposition 13's overhaul of the property tax system.