Same-sex Marriage Dispute: Californian Supreme Court Steps In

by Gopalan on  November 22, 2008 at 1:28 PM Medico Legal News
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The Supreme Court of California has waded into the same-sex marriage dispute yet again. It said Wednesday that it would rule on the legality of a recent ballot voting down such marriages.

It was six months ago that the court had held the state ban on same-sex marriage unconstitutional. The opponents hit back with Proposition 8 that defined marriage only a union of a man and a woman, and the ballot won a 52 per cent approval.

It was the turn of the supporters of same-sex marriage to maneuver their way out by appealing to the court to overturn the new proposition.

By a 6-1 majority the state Supreme State Court has agreed to review Proposition However, the court refused, 6-1, to let same-sex marriages resume while it considers Prop. 8's constitutionality.

The court agreed Wednesday to review two arguments by opponents of Prop. 8: that the measure exceeds the legal scope of a ballot initiative by allowing a majority to restrict a minority group's rights, and that it violates the constitutional separation of powers by limiting judicial authority.

The justices also asked for arguments on whether Prop. 8, if constitutional, would nullify 18,000 same-sex weddings performed between when the court's marriage ruling took effect in mid-June and Nov. 4. Attorney General Jerry Brown, who will defend Prop. 8 as the state's chief lawyer, contends those marriages are legal, but sponsors of the initiative disagree.

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