California's supreme court has moved to tackle the latest legal battle over same-sex marriage, which has been banned earlier this month after voters approved a conservative measure in the election.
The state's high court agreed Wednesday to consider three lawsuits that challenge the legality of Proposition 8's abolition of same-sex weddings. The passage of the proposition sparked waves of protests by gays, lesbians and other same-sex marriage supporters across the state in last two weeks.
The court also rejected a bid to put Proposition 8 on hold while the legal struggle unfolds, indefinitely postponing the procedure to issue new wedding documents to same-sex couples.
Wednesday's order by the justices, who made the decision during a closed conference, set the stage for another historic courtroom collision that would decide whether same-sex couples can resume marrying in California, as well as the legal status of thousands of same-sex couples already married.
The court is expected to hold a hearing on the lawsuits against the same-sex ban as early as March, and a ruling is likely to come up by June.
Since voters approved Proposition 8 in the November 4 election, opponents have filed six lawsuits at the supreme court in order to overturn it. The court agreed to review three of them.
Same-sex marriage advocates argue that the proposition was actually a constitutional revision, instead of a more limited amendment. A revision of the state constitution can be placed before the voters only by a two-thirds vote of the state legislature or a constitutional convention, but Proposition 8 reached the ballot after a signature drive.
The ban on same-sex marriage took effect immediately after California voters closely approved the proposition, which requires to amend the state constitution to define that "only marriage between a man and a woman is valid or recognized in California."
Authorities said they will defend the preposition as the law and stop recognizing same-sex marriages unless the supreme court overthrows it, but those couples married since last May, when the court legalized the same-sex marriage through a ruling, would remain married.
Meanwhile, California governor Arnold Schwarzenegger said in statement he believes the court should bring clarity to the same-sex marriage issue. The governor said earlier that he expected the court to overturn the proposition.
Analysts said the timeline for a hearing in the spring bodes well for the same-sex marriage supporters, because if the justices were leaning towards upholding the ban, they would have wanted to do it as quickly as possible.
The supreme court's ruling in May had made California the second state in the United States, after Massachusetts, to legalize same-sex marriage.
Source:Xinhua
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