Digital News Report- The proponents of California’s Proposition 8 and their campaign committee filed briefs with the California Supreme Court defending the voter-approved initiative against legal challenges today, December 19th. Opponents of the measure filed lawsuits the day after the measure passed in the General Election on November 4th. Proposition 8 is the ban on gay marriage that passed in California with 52%.
Kenneth Starr, formerly a Judge for the U.S. Court of Appeals, D.C. Circuit and a U.S. Solicitor General, has joined the legal defense for Proposition 8’s official opponents. Starr has argued twenty-five cases before the Supreme Court.
Opponents of the measure argue that it should not be added to the constitution by a ballot initiative because it is a constitutional revision and should need a two-thirds vote of the Legislature. Another option is to hold a statewide Constitutional Revision, which California has not had since 1879.
January 5, 2009 is the deadline for opponents to reply to briefs. Judges are expected to reach a decision in the year 2009, possibly as early as March.