Category — California

After many weeks of deliberation, the California Supreme Court will announce Tuesday whether Prop 8 is or is not valid.  

As it now stands, Proposition 8 is a consitutional amendment banning same-sex marriage in California.  The highly controversial initiative was a response to the CA Supreme Court’s May 2008 ruling allowing same-sex marriages in the state. The initiative was heavily sponsored by out-of state organizations like the Mormon Church of Jesus Christ of Latter Day Saints and the National Organization for Marriage (NOM).

There are 3 questions the court must answer:

• Is Proposition 8 an invalid revision to the state Constitution, rather than an amendment?
• Does Proposition 8 violate the separation of powers doctrine under the California Constitution?
• If Proposition 8 is a constitutional amendment, how does it affect marriages of same-sex couples performed before it’s adoption?

Following Prop 8 hearings in March, some legal scholars and political pundits anticipated the court would uphold Prop 8 as an amendment effective November 4th, 2008, but allow the marriages performed between June and November to remain valid.  However, the view that the CA Supreme Court must base its ruling on the Prop 8-amended Constitution is simply not accurate.  At its very heart, the issue is whether or not Prop 8 is a valid amendment at all. 

My heart was stomped on far too hard during the original passage of Prop 8 back in Nov to have hope that the announcement will be positive.  Now, don’t get me wrong, I want this and I want it bad.  This is simple experience making the heart grow wary.