Court Agrees to Hear Prop 8 Challenges

November 19, 2008 8:58:07 PM PST
More than two weeks after 52 percent of California voters approved Proposition 8 the same sex marriage fight is heading back to court. The state Supreme Court agreed to hear legal challenges of the proposition that bans gay marriage.The three lawsuits claim that voters alone don't have the authority to make such a significant constitutional amendment. The justices said they want to address what effect, if any, a ruling upholding Prop 8 would have on the 18-thousand same sex marriages that took place since May.

California's Supreme Court has agreed to hear three legal challenges to Proposition 8 which banned same sex marriage two weeks ago. Robin McGehee, a Prop 8 opponent says she is hopeful but not optimistic about the outcome.

Robin McGehee said, "The fact that the courts are willing to show eagerness to hear it so quickly shows that there are questions about the proposition."

Those challenging the state's new ban also asked the court to reinstate gay marriages while the judges consider the cases but the justices denied that that request.

"We have nothing to fear because the law is on our side."

Cornerstone Church Pastor Jim Franklin an outspoken Prop 8 supporter says he's not surprised the state's highest court will hear the lawsuits. But he believes the people have spoken.

Pastor Jim Franklin said, "If it's not for voters to decide then who is it for. Is this a nation of we the people or not. When they say it's not for the voters to decide it reeks of judicial activism, hierarchy, takes away from democracy."

McGehee thinks the ultimate decision should rest with the court.

"I think that in time it will end up at the U.S. Supreme Court and be in the hands of those judges but it should not be determined based on just what the will of the people is."

In Exclusive Action News Poll conducted by SurveyUSA we asked 500 people across California if the recent "no on 8 protests" helped or hurt their cause. 28-percent said the rallies would help. 28-percent said it would hurt the "no on 8" cause. But 37 percent of those surveyed said it would make no difference at all. The poll also asked people who voted yes on Prop 8 if the protests changed their opinion on same sex marriage. 8% said yes 90% said no.

The justices could hear oral arguments as early as March.

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