Culture

California Supreme Court to Review Gay Marriage Ban

by Jarrett Martineau | November 19, 2008 at 04:02 pm

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Supporters of gay marriage, who protested the passing of Proposition 8 in California, which instated a ban on same-sex marriage in the state, have a reason to feel hopeful.

California's Supreme Court has agreed to review the ban and to hear legal challenges that have been "filed by groups of same-sex couples, a gay rights body and a group of local governments".

The hearing is planned for March 2009.

The California Supreme Court has agreed to examine the state’s recently adopted marriage ban, scheduling a hearing for March. The court will decide whether Prop. 8 was a sweeping revision or a simple amendment to the state’s constitution, and whether legally married same-sex couples should suffer a blanket divorce.

In the meantime, there will be no more same-sex marriages in California, a decision that should please supporters of the ban as well as the state’s attorney general, who argued accordingly.

In addition, the Courage Campaign, CREDO Mobile and MoveOn.org have organized a pledge to repeal Proposition 8 which has already been signed by almost 300,000 people. Learn more about the pledge at Repeal Prop 8: Restore marriage equality to California.

For ongoing updates to this story, please see NowPublic's featured coverage on Proposition 8 and our Prop 8 Scan.

California's highest court says it will hear legal challenges to a ban on gay marriage, but that the ban will remain in place pending its ruling.

The state legalised gay marriage in May, but 52% of voters backed a move to ban it in a referendum on 4 November.

The measure, Proposition 8, amends the state constitution to define marriage as between a man and a woman only.

Supporters of gay rights have vowed to fight the move, saying majority rule should not set the law.

Judges at the court voted by six to one to review challenges - filed by groups of same-sex couples, a gay rights body and a group of local governments - to Proposition 8.

They agreed to hear arguments on the legality of the voting process.

And how will this affect those same-sex couples who were married before Proposition 8 was passed?

Judges will also examine the impact of the ban on their marriages.

The judges also agreed to examine whether the ban would have an impact on same-sex couples who were married between May and November, reports said.

A hearing could be held as early as March, the court said.

Until the Supreme Court hearing in March no new same-sex marriages will be permitted, however, an eventual reversal of the gay marriage ban would not be without precedent in California.

In 1966, the California Supreme Court struck down an initiative that would have permitted racial discrimination in housing. Voters had approved the measure, a repeal of a fair housing law, by a 2-to-1 margin. Opponents challenged it on equal protection grounds, not as a constitutional revision.

But not everyone supports Prop 8's protesters and challengers.

Not everyone being the infamous Walker Texas Ranger himself: Chuck Norris.

Chuck Norris has written his latest column for townhall.com on the passage of Prop 8 in California, calling demonstrations in its wake "anarchy."

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Paschen

at 23:31 on November 19th, 2008

I do not think that is what was suppose to be. I though they would maintain the equality.

master_bureaucrat

at 17:25 on December 8th, 2008

one of the judges who provided one of the votes required to overturn the old proposition back in June said that she would not hear arguments in the legality of the law, only arguments on how it will be applied. thus leaving the "no on prop. 8" team with too few votes to overturn the law.