Proposition 8 Repeal Oral Arguments
The California State Supreme Court heard oral arguments on whether Proposition 8, an anti-gay-marriage ballot initiative which passed in… read more
The California State Supreme Court heard oral arguments on whether Proposition 8, an anti-gay-marriage ballot initiative which passed in November 2008, should be upheld and, if so, whether the marriages of an estimated 18,000 same-sex couples should remain valid.
The arguments the court heard focused on whether Proposition 8 is invalid because it constitutes a revision of, rather than an amendment to, the California Constitution. If it were an amendment to the Constitution, it could be passed by a state wide referendum as had occurred. If it were a revision, it would require a 2/3 vote in California’s bicameral legislature to be passed, which had not occurred. The difference between the two is not clearly articulated in law or court cases in California, but a revision is a substantial change while an amendment is a minor change. The court also heard arguments about the Separation of Powers and the validity of the marriages that occurred before the Proposition was passed.
The case was Strauss v. Horton. Coverage courtesy of the California Channel. close
*The transcript for this program was compiled from uncorrected Closed Captioning.
People in this video
- Ming Chin Justice (Former) California Supreme Court
- Ronald M. George Chief Justice California Supreme Court
- Joyce Kennard Justice California Supreme Court
- Christopher Krueger Deputy Attorney General California
- Shannon Minter Attorney
- Carlos Moreno Justice California Supreme Court
- Therese M. Stewart Chief Deputy Attorney San Francisco, CA
- Kathryn Werdegar Justice California Supreme Court
California Same-Sex Marriage Cases
The California Supreme Court heard oral arguments on six cases challenging the constitutionality of the…
Same-Sex Marriage Oral Arguments
The California State Supreme Court heard oral arguments on whether or not San Francisco Mayor Gavin Newsom and other…
Evans v. City of Berkeley
An appeal of Eugene Evans et al. v. City of Berkeley was heard by the state Supreme Court. Since 1945, the…
California Same-Sex Marriage Case
Following oral arguments before the California Supreme Court on whether or not San Francisco Mayor Gavin Newsom and…