Prop. 8's Future in Supreme Hands

The California Supreme Court announced it will review legal challenges to Proposition 8 filed by groups wanting the measure to be overturned. A hearing may come as early as March.

The court asked supporters and opponents of Prop. 8, which overruled the May 15 decision of the California Supreme Court that legalized same-sex marriage, to submit written arguments by Jan. 21. While the proposition is being reviewed, same-sex couples are not permitted to get married.

"I applaud the Supreme Court's decision to review this important civil rights issue," said San Francisco Mayor Gavin Newsom. "Every Californian deserves equal protection under the law. I am optimistic that the Supreme Court will affirm that separate is not equal."

Lawsuits filed by opponents of Prop. 8 asked the court to consider whether the measure is a constitutional revision or a constitutional amendment. For something to be ruled a revision, it has to be defined as a fundamental change in government structure and must be approved by a two-thirds vote of the legislature before it can be put on the ballot. Gay- rights activists say the proposition is a revision of the state's constitution because it fundamentally altered the guarantee of equal protection.

Groups such as Equal Rights Advocates, Constitutional Law Center of the Monterey College of Law and The Los Angeles County Bar Association have challenged the proposition with several lawsuits. The city of Los Angeles, the city and county of San Francisco and Santa Clara County have also filed their own lawsuits. The order, granting review of the lawsuits, was signed by six of the seven justices.

According to the Los Angeles Times, the latest anti-Proposition 8 lawsuits were filed by the California Council on Churches, the Episcopal Bishop of California, the General Synod of the United Church of Christ, the Progressive Jewish Alliance and the Unitarian Universalist Association of Congregations.

After voters in California passed the ban on same-sex marriage with a 52 percent 'Yes' vote on Nov. 4, thousands of people protested throughout the state and across the nation. Cities such Los Angeles, San Diego, San Francisco and Long Beach saw numerous protests, with more than 20,000 activists gathering in Hollywood alone. More than 3,000 protestors marched past the Church of Jesus Christ of Latter-Day Saints temple in downtown Salt Lake City, Utah, to voice their disapproval of Mormon involvement in the 'Yes on 8' campaign.

"We should all have the right to marry who we choose," said Valley College student Isabel Aguilar. "Hopefully, our Supreme Court will see that everyone should be equal and resolve the matter."

The State Supreme Court will also determine the legality of the 18,000 same-sex marriages that occurred prior to the passing of the proposition. Attorney General Jerry Brown predicted that same-sex marriages performed between June 17 and November 4 remain valid and will be upheld by the court.

A constitutional amendment qualifies for the ballot with signatures on initiative petitions.

The court usually acknowledges the merit of the voters on initiative challenges, but has overturned popular ballot measures in the past. In 1994, proposition 187, which denied public benefits to illegal aliens in California, was passed by voters, but overturned by the court.

However, not all Californians believe that Prop. 8 should be overturned.

"It's funny how they [same-sex couples] are demanding to be heard," said student Cesar Seminario. "The people have spoken and now our rights as voters might be taken away."