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State Supreme Court to Hear Prop 8 Arguments March 5

March 22nd, 2009 by Temple City Tribune

California Channel will carry live broadcast

In a rare move the California Supreme Court will allow a live television broadcast of the oral arguments in the Proposition 8 case from 9 a.m. to 12 p.m. on Thursday, March 5. The California Channel (Ch. 233 on Time/Warner) will carry the broadcast from the Supreme Court’s Earl Warren Center in San Francisco. Proposition 8, passed by a majority of voters in Nov. of 2008 allowed for the State of California to amend the State constitution to limit marriage to a man and a woman.
Challengers to the proposition hope to convince the court that, among other things, the amendment takes away fundamental rights from one group of people, and that the right to marry is an inalienable right and cannot be put up for popular vote.
Backers of Proposition 8 will argue that taking away the people’s right to amend their constitution would be over-reaching by the Judiciary and that same-sex couples have been granted rights liberally in the State already far in excess of more than half the states, although, not marriage. They will assert that the social dialogue concerning same-sex marriage should be allowed to continue in the future.
The Supreme Court will hear arguments in three cases challenging the constitutionality of Proposition 8. Three issues are to be heard, the court has ruled:

1. Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

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?

All the court filings can be read on the California Courts website, www.courtinfo.ca.gov/courts/supreme.

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