the enforcement or implementation of Proposition 8, and at the same time
agreed to decide several issues arising out of the passage of Proposition 8.
The court’s order, issued in the first three cases that had been filed directly in
the state’s highest court challenging the validity of Proposition 8, directed the
parties to brief and argue three issues:
- Is Proposition 8 invalid because it constitutes a revision of, rather than
an amendment to, the California Constitution?
- Does Proposition 8 violate the separation-of-powers doctrine under
the California Constitution?
- If Proposition 8 is not unconstitutional, what is its effect, if any, on
the marriages of same-sex couples performed before the adoption of
In its order, the court established an expedited briefing schedule, under
which briefing will be completed in January 2009 and oral argument potentially
could be held as early as March 2009.