VIDEO: California Supreme Court Oral Arguments on Prop 8
Video includes historical background on the court – to watch video of the March 5 advance to approximately 18 minutes and 46 seconds.
Strauss et al. v. Horton (Hollingsworth et al., Interveners)
(and two other cases, S168066 Tyler et al. v. State of California et al.
(Hollingsworth et al., Interveners) and S168078 City and County of
San Francisco et al. v. Horton (Hollingsworth et al., Interveners))
The court issued an order to show cause in Strauss, Tyler, and City and County of San Francisco directing the parties to brief and argue the following issues: (1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal. Const., art. XVIII, §§ 1-4.) (2) Does Proposition 8 violate the separation of powers doctrine under the California Constitution? (3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
For more case materials including the many amicus briefs and actual court filings, visit the California Supreme Court website at http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
For more
Holding: Consolidated case addressing Proposition 8's constitutional validity and effect on same-sex marriages.
Holding: Court addressed whether Proposition 8 constitutes a revision or amendment to the California Constitution, violates separation of powers, and its effect on same-sex marriages performed before adoption.