PJI President Brad Dacus commented, “Nothing less than our democracy hangs in the balance as the California Supreme Court considers Prop. 8. Striking down Prop. 8 would be one of the most egregious power grabs in California history. The people deserve better. Same-sex marriage must not be forced on voters who have carefully and clearly settled this issue, not once but twice.”
On Thursday, the California Supreme Court will hear oral arguments in the Prop. 8 cases from 9 a.m. until noon. The court must issue its decision within 90 days of oral arguments, or by June 3.
After Prop. 8 was approved by the voters in November, several lawsuits were immediately filed by gay activists, and some local governments, seeking to have the measure struck down. One key point of contention is whether Prop. 8 was a valid amendment to the state constitution, as opposed to a revision, which would require more procedural hurdles, such as approval by the state legislature. In the past, some measures have been deemed revisions when they imposed radical structural changes to state government.
Gay activists are asking the court to require legislative involvement because a majority of the state Senate and Assembly have voiced strong opposition to Prop. 8. The lawsuits against Prop. 8 are also asking the court to rule that Prop. 8 did not invalidate the “marriages” conducted after the Court declared gay marriage legal last summer, and the passage of Prop. 8 in November.