The California Supreme Court has agreed to take up the cases challenging the validity of Proposition 8, which bans same-sex marriage in the state. The court announced it will not stay the proposition pending its decision.
The court will address the following three questions in the cases: Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? Does Prop 8 violate the separation-of-powers doctrine under the California Constitution? And if Prop 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Prop 8?
