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Legality of Same-Sex Marriage Ban Challenged
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| Contributor | ArmyDem |
| Last Edited | ArmyDem Nov 11, 2008 08:33am |
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| Category | News |
| Media | Newspaper - Washington Post |
| News Date | Tuesday, November 11, 2008 02:00:00 PM UTC0:0 |
| Description | By Ashley Surdin
Washington Post Staff Writer
Tuesday, November 11, 2008; Page A02
LOS ANGELES -- The future of same-sex marriage in the Golden State will rest, once again, in the hands of its highest court. But this time, its fate will hinge on a different question: Can a state constitutional ban on same-sex marriage go before voters? Or must it go before the legislature first?
The answer, legal experts say, will determine whether gay rights advocates can overturn Proposition 8, a recently passed ballot measure that overruled a state Supreme Court judgment that legalized same-sex marriage.
Three lawsuits, ready since the initiative was green-lighted for the November ballot, have been filed with the California Supreme Court asking it to stop the state from enforcing the proposition until the court has decided on its constitutionality. The suits aim to undo the measure on grounds that, under the equal protection clause in the state's constitution, a majority of voters are not allowed to revoke equal rights intended for everybody. |
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