California Supreme Court Takes Up Prop. 8

Posted by: CotoBlogzz | 11/20/2008 10:00 AM


The California Supreme Court has accepted original jurisdiction of three cases that claim Proposition 8 is a constitutional revision rather than a constitutional amendment and thus should not have been presented to voters. The implications of the Court’s order accepting the case, is that  a ruling on Prop 8’s validity can be expected in a matter of months, rather than potentially years of protracted litigation. The cases seeking to invalidate Proposition 8 are Strauss v. Horton, S168047; City and County of San Francisco v. Horton, S168078; and Tyler v. State of California, S168066.

The Court denied the request of unrelated parties, including the Campaign for California Families (CCF), to intervene in the litigation.

Perhaps the most significant part of the Supreme Court’s order is to deny the requests of the plaintiffs in the aforementioned three cases to stay the implementation of Proposition 8. This means that, once the vote is certified, Proposition 8 will take effect as of midnight, November 5th. The Constitution of California has been amended to provide that only marriage between a man and a woman will be valid or recognized in California.

Also of key significance, the Court has granted the request of the proponents of the initiative and their campaign committee to intervene in the litigation as Real Parties in Interests. This ruling grants the backers of Prop. 8 full legal standing to submit written arguments and appear in oral argument before the Court

“This is a great day for the rule of law and the voters of California,” said General Counsel Andy Pugno.  “The California Supreme Court is recognizing the People’s vote on Proposition 8 and is allowing the measure to go into full effect,” Pugno said. “This is a great legal victory for voters.”

Leave a Reply

You must be logged in to post a comment.