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Politics | 11/20/2008 7:45 am

California Court Won't Let Gay Couples Marry During Proposition 8 Challenge

By The Staff at wowOwow.com
© Shutterstock

Score one for gay-marriage advocates.

The California Supreme Court on Wednesday agreed to take up three legal challenges to the state’s controversial Proposition 8 – the ballot measure approved by voters November 4 that bans gay marriage.

But the court refused to allow gay weddings to resume until it rules on the cases. Reason being, any couple married during this time could be in legal limbo should the court decide to let the measure stand.

The LA Times reports that the state high court asked litigants on both sides for more written arguments and said a hearing on the cases could come as early as March. It also signaled its intention to decide the fate of the 18,000 same-sex marriages officiated before Proposition 8 was passed, asking litigants to argue that question.

The three challenges the court agreed to hear want to nullify Proposition 8, arguing the measure violates the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a huge constitutional change.

The justices directed Attorney General Jerry Brown and lawyers for the Yes on 8 campaign to submit arguments by December 19 on why the ballot initiative should not be nullified. Lawyers for the plaintiffs, who include same-sex couples who didn’t marry before the election, must respond before January 5. Oral arguments could be scheduled as early as March.

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John G
Shame, really. Absolutely no way they won’t strike down Prop 8, so the marriages should continue.
By John G on 11/20/2008 10:35 am