California Proposition 8 Passes; State High Court to Review It

By now, everyone knows that California’s Proposition 8 has passed. Prop. 8is a constitutional amendment that bans same-sex marriages in the state, and effectively overturns a ruling by the California Supreme Court that any prohibition on same-sex marriages is unconstitutional under the California Constitution.

Supporters of Prop. 8, which won by a simple majority, overcame the unconstitutionality obstacle by amending the California Constitution. Opponents of Prop. 8 now argue that the measure itself was not permissible, because it “revises” instead of “amends” the constitution. Opponents assert that the majority should not be permitted to take away the rights of the minority by a simple majority vote. (Supporters argue that this was merely an “artificial” right created by the Court in the first place.)

The New York Times reports that the California Supreme Court has now stepped in and announced that it would review the issue of whether voter-approved Proposition 8 was unconstitutional and required legislative approval prior to being submitted to the voters. Arguments are anticipated in the spring, with a decision within 90 days thereafter.

For more information about divorce, child support, custody and visitation, or other California family law issues, please contact attorney Gary D. Sparks.