California Supreme Court to consider challenges Prop 8

In what may be the pro-gay-marriage community’s last stand in California, the CA Supreme Court has agreed to review challenges to the constitutionality of Proposition 8.

The issues they have asked for briefing on are:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal. Const., art. XVIII, §§ 14.)

(2) Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

This is going to get very, very interesting from a Constitutional law perspective, folks. You better strap yourselves in.

My previous thoughts on Proposition 8 and it’s validity are here and here.

More from The Satyricon, Volokh and TalkLeft.