California Supreme Court decision on Prop 8 will be released Tuesday, May 26

May 23, 2009

SANTA CRUZ, California: The California Supreme Court will post its decision on the constitutionality of California Proposition 8 (2008) on Tuesday, May 26 at 10:00 a.m.

The court will also announce at that time what it has decided about the fate of the approximately 18,000 same-sex marriages in California. These marriages were entered into between May 2008, when the California Supreme Court by a 4-3 majority ruled the 2000's Proposition 22 was unconstitutional, and November 2008, when a 52% majority passed the fiercely-contested Prop 8.

The state's high court posted a notice on its website on Friday, May 22 that said:

The California Supreme Court has announced that it will issue an opinion in three cases challenging the constitutionality of Proposition 8 at 10 a.m. on Tuesday, May 26, 2009. (Strauss v. Horton, S168047; Tyler v. State of California, S168066; City and County of San Francisco v. Horton, S168078.) Tuesday at 10 a.m., the opinion will be available on the California Courts Web site at this link: http://www.courtinfo.ca.gov/opinions/.

The two main constitutional questions the court will rule on are:

• Can a majority of voters amend the California Constitution to take rights away from a minority?
• Since the California Constitution says that initiated constitutional amendments can "amend" the Constitution, but not engage in the more far-reaching and broad act of "revising" the state's constitution, does Prop 8 amount to an unconstitutional revision, or is it an allowable amendment?

See also

Propositions •	Recall	• Law

• California Proposition 8 (2008)
• Lawsuits, California Proposition 8 (2008)