California Supreme Court Will Review Prop 8 Challenge

The California Supreme Court has issued an order today which, among other things, grants review of the legal challenges to Proposition 8. Other highlights from the order include:

• The request to stay Proposition 8 is DENIED. This means that Proposition 8 is in effect and gay couples may not get married any longer in California. This, of course, could change if the Supreme Court overturns Prop 8, but for now Prop 8 is valid.
  
  
• The Yes on 8 Campaign and other official proponents of Proposition 8 are permitted to intervene as respondents. This means they will have party status in the case and can file oppositions to the legal challenges.
  
  
• The issues to be briefed include: (1) Is Proposition 8 a revision or an amendment to the California Constitution? (2) Does Prop 8 violate the separation of powers doctrine under the California Constitution? (3) If Prop 8 is not unconstitutional, what happens to the same sex marriages performed before Prop 8 was passed?

It appears that a decision is at least another 5 months away considering that a hearing is not scheduled until March 2009.

The L.A. Times has written an article about the order here. The San Francisco Chronicle has a piece on the order here.