California Supreme Court decision on Prop 8 will be released Tuesday, May 26
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?
- Los Angeles Times, "California Supreme Court to rule on Proposition 8 Tuesday," May 22, 2009
- Mercury News, "California high court to rule on Proposition 8 on Tuesday," May 22, 2009
- Website of the California Supreme Court
- San Francisco Chronicle, "State Supreme Court to rule Tuesday on Proposition 8," May 23, 2009