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
- Chin, Ming Justice (Former) California Supreme Court
- George, Ronald M. Chief Justice California Supreme Court
- Kennard, Joyce Justice California Supreme Court
- Krueger, Christopher Deputy Attorney General California
- Minter, Shannon Attorney
- Moreno, Carlos Justice California Supreme Court
- Stewart, Therese M. Chief Deputy Attorney San Francisco, CA
- Werdegar, Kathryn Justice California Supreme Court
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