AS Haley: California Supreme Court to Consider Constitutionality of Proposition 8

Wednesday, November 19, 2008

News has recently broken of the order filed today by the California Supreme Court agreeing to hear arguments directly on the constitutionality of Proposition 8, which was passed by California voters on November 4. The text of the order is here.The order is significant for several reasons.

First, the Supreme Court has agreed to accelerate the decision process. It has ordered all the cases filed challenging the ballot measure to be consolidated in one proceeding before it, and it has provided for an expedited briefing process. (The related story in the Sacramento Bee says that a court spokesman estimates oral arguments will take place in March 2009.)

Second, the order is significant because the Court denied the petition to prevent Prop. 8 from taking effect immediately---so it will remain in effect (and prevent further same-sex marriages) for a while, at least. (There was one dissenter from this denial---Justice Moreno, who would have voted for an immediate stay. The other six Justices disagreed---the three dissenters from the original decision, Justices Baxter, Corrigan and Chin, would naturally do so, while the others---Chief Justice George, and Justices Kennard and Werdegar---perhaps have an eye to the next time they are on the ballot for re-election.) the rest