It's mildly encouraging to me that the Supreme Court of California is holding a hearing on the Prop 8 issue so soon. After the 43 or so groups that represent opposition to Prop 8 have been heard, as well as a slew of "friends of the court" briefs, the Supreme Court will have to determine three main issues: Is Prop 8 invalid because it represents a revision of, rather than an amendment to, the California constitution; does prop 8 violate "the separation of powers doctrine" under the CA constitution; and if it is legal, what is the status of the 18,000 marriages that were performed last year, before the passage of Prop 8.
It's looking like a long-shot and it will take months before the court makes any kind of ruling. Legal scholars are projecting more hope for preserving the marriages performed last year than for an overturn of prop 8. We'll have to wait and see.
Meanwhile, think of my daughter, whose marriage is one of the 18,000 and whose future rests in part on this decision. She and her wife are moving to California to pursue graduate school and whether their marriage is legal or not could impact their ability to obtain graduate housing for couples and health insurance benefits. If the marriage is shot down, they will have to apply for domestic partnership status, which may water down their legal rights as a couple.
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