The court issued an order to show cause in Strauss, Tyler, and City and County of San Francisco directing the parties to brief and argue the following issues: (1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal. Const., art. XVIII, §§ 1–4.) (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've said it before: I don't think it's going to work, but it will nice to get it out of the way and be done with it. Then we can start planning for the future and how to repeal Prop8 in 2010, or 2012, or whenever. But, if we win, then marriage is back in California. Either way, it's time the decision came down. There will also be nationwide protests held on Tuesday, go to the Day of Decision wiki site for the one closest to you (no Cincinnati one... yet?).
Check out the Supreme Court announcement here.