March 5 (Bloomberg) -- The California Supreme Court, which legalized gay marriage in 2008, will consider whether it was unconstitutional for Californians to outlaw same-sex weddings in a ballot measure that sparked protests and calls for boycotts against its supporters.
Gay and civil rights groups and cities including San Francisco and Los Angeles are seeking to overturn the measure, known as Proposition 8, which on Nov. 4 won 52 percent approval of voters to amend the state constitution to ban homosexual nuptials in the nation’s most populous state.
They say Proposition 8 is illegal because it revises the constitution to rob a protected minority of equal rights and court protection. Revisions of the constitution must be handled by state lawmakers, according to lawsuits filed on Nov. 5. Proposition 8 backers said the court can’t reverse what voters have approved. Arguments in the case are scheduled for today in San Francisco.
“The court is always reluctant to overturn a ballot initiative,” said attorney Vikram Amar, who teaches constitutional law at University of California-Davis. “Prop 8 challengers will try to distinguish this initiative from others, that equality is somehow more important than other basic rights.”
The court will also decide whether to invalidate approximately 18,000 marriages performed before Proposition 8 passed. Four out of seven Supreme Court justices voted to legalize gay marriage in May. One of the four voted against hearing lawsuits seeking to overturn Proposition 8. That has led to speculation that there may be four votes against striking down Proposition 8, said Amar. A ruling is due within 90 days.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
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