California Supreme Court to Rule on Proposition 8 on Tuesday, May 26

The California Supreme Court announced this afternoon that it will be releasing its decision in the Proposition 8 challenge litigation on Tuesday, May 26, at 10 am Pacific time.

Whatever happens, this will not be the end of the story.  If the Court finds that Proposition 8 was validly enacted, planning is already under way to bring a new initiative to attempt to repeal it.  If the Court upholds it on the challengers theory that it is a revision, then I expect the opponents will try to figure out some way to get it back on the ballot in a different form and using the revision process.  If the Court embraces Attorney General Brown's theory, then perhaps the opponents of same-sex marriage will be stymied... :))

Apart from the main holding, the Court will also address the question whether the same-sex marriages that were formed last year between June and November are valid.  If the Court finds that they were invalidated by the passage of Prop 8, some of those individuals might attempt a new legal challenge premised on Due Process or the federal constitution's contracts clause.... but who knows how that might go?

Comments

[Chris R]

Prop 8 is a travesty. I wonder when they are going to refuse African Americans their right to breath.

These religious bigots make me sick.