California Supreme Court to Review Gay Marriage Ban

Supporters of gay marriage, who protested the passing of Proposition 8 in California, which instated a ban on same-sex marriage in the state, have a reason to feel hopeful.

California’s Supreme Court has agreed to review the ban and to hear legal challenges that have been “filed by groups of same-sex couples, a gay rights body and a group of local governments”.

The hearing could be held as early as March 2009.

In addition, the Courage Campaign, CREDO Mobile and MoveOn.org have organized a pledge to repeal Proposition 8 which has already been signed by almost 300,000 people. Learn more about the pledge at Repeal Prop 8: Restore marriage equality to California.

For ongoing updates to this story, please see NowPublic’s featured coverage on Proposition 8 and our Prop 8 Scan.

California’s highest court says it will hear legal challenges to a ban on gay marriage, but that the ban will remain in place pending its ruling.

The state legalised gay marriage in May, but 52% of voters backed a move to ban it in a referendum on 4 November.

The measure, Proposition 8, amends the state constitution to define marriage as between a man and a woman only.

Supporters of gay rights have vowed to fight the move, saying majority rule should not set the law.

Judges at the court voted by six to one to review challenges – filed by groups of same-sex couples, a gay rights body and a group of local governments – to Proposition 8.

They agreed to hear arguments on the legality of the voting process.

And how will this affect those same-sex couples who were married before Proposition 8 was passed?

Judges will also examine the impact of the ban on their marriages.

The judges also agreed to examine whether the ban would have an impact on same-sex couples who were married between May and November, reports said.

A hearing could be held as early as March, the court said.

Until the Supreme Court hearing in March no new same-sex marriages will be permitted, however, an eventual reversal of the gay marriage ban would not be without precedent in California.

In 1966, the California Supreme Court struck down an initiative that would have permitted racial discrimination in housing. Voters had approved the measure, a repeal of a fair housing law, by a 2-to-1 margin. Opponents challenged it on equal protection grounds, not as a constitutional revision.

But not everyone supports Prop 8’s protesters and challengers.

Not everyone being the infamous Walker Texas Ranger himself: Chuck Norris.

Chuck Norris has written his latest column for townhall.com on the passage of Prop 8 in California, calling demonstrations in its wake “anarchy.”

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