California Supreme Court to Hear Proposition 8 Challenges

Proposition 8, the recently passed ban on same-sex marriage in California, is headed for the state's Supreme Court, reports Maura Dolan of the LA Times:

The California Supreme Court agreed today to review legal challenges to Prop. 8, the voter initiative that restored a ban on same-sex marriage, but refused to permit gay weddings to resume pending a ruling.

Meeting in closed session, the state high court asked litigants on both sides for more written arguments and scheduled a hearing for next March.

This is welcome news for both sides, as opponents of Prop 8 would like to see it struck down sooner, rather than later, while supporters of the ban are anxious to rip asunder those marriages that already exist in the state.

At the heart of these legal challenges is the idea that Prop 8 is not merely an amendment to the Constitution, but a revision to it, which would mean it would take a 2/3 vote by the legislature in order to place the measure on the ballot.

If the judges had dismissed the suits, it would have added years to the time it would take to settle these issues.

In my view, this is a positive step for gay rights. The passage of Proposition 8, while clearly a wrong, mean-spirited move by Californians, forces the question out of the realm of popular bigotry, and into the arena of justice. If history has shown anything, it's that opponents of Prop 8 have got a better chance in court than at the mercy of their supposed brothers and sisters in California.

Tommy Christopher and Caleb Howe co-host "Unusable Signal",on BlogTalkRadio, Tues through Thurs at 10pm, and Fri, and Sat at 11pm. (Eastern) Click here for the Unusable Signal homepage.