Good report at Hullabaloo.
There are three questions at play:
• 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 Proposition 8?
Oral arguments are in progress this morning.
B
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U.S. Legal Blog is maintained by Bryan Lieb.
