California Supremes Take Prop 8 Case, Won't Stop Enforcement

A bad news/good news story:

The California Supreme Court has agreed to hear a challenge to Proposition 8, the ballot measure approved earlier this month that banned same-sex marriage.

But the court also denied a request to put the ban on hold until it considers the challenge.

Here's the court's actual statement:

"The California Supreme Court today denied requests to stay the enforcement or implementation of Proposition 8, and at the same time agreed to decide several issues arising out of the passage of Proposition 8.

"The court’s order, issued in the first three cases that had been filed directly in the state’s highest court challenging the validity of Proposition 8, directed the parties to brief and argue three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

(2) Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?"

I don't think the court should be wasting their time on this, and the fact that wouldn't issue a temporary ban on enforcement tells me even they have doubts about the legal challenge.

I heard the other day that the Yes on 8 side actually filed a brief encouraging the court to take the cases so they can be dispatched with quickly. They feel pretty confident about the legal standing of the initiative.