Main | Thursday, January 29, 2009

CA Readies For Prop 8 Hearing

All the parties have submitted their briefs in advance of the March hearing by the California Supreme Court as to whether to overturn Proposition 8. The marriage equality side contends that Prop 8 is invalid for three reasons:

-- It had such a drastic impact on individual rights that it amounted to a revision of the Constitution, not merely an amendment. A revision can be placed on the ballot only by a two-thirds legislative vote or by delegates to a constitutional convention.

-- It violated the constitutional separation of powers by stripping the courts of their authority to protect a minority group from discrimination.

-- It eliminated "inalienable rights," those protected by the Declaration of Rights in the opening clause of the state Constitution, without a compelling reason. That argument comes from Attorney General Jerry Brown, who reversed course after defending the previous marriage law before the court.

A ruling is expected with 90 days of the hearing. It will be the final word on marriage equality in California until one of the opposing camps puts it back on the ballot again.

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