California Court to Review Prop 8’s Legality

Today, California’s Attorney General has urged the state Supreme Court to consider whether a gay marriage ban is actually legal.

The state’s top lawyer and former governor, Jerry Brown, said the court should maintain the ban while it considers the issue, but also said they should rule on the matter quickly.

California’s gay marriage ban marked a major set back for same-sex couples, who had won state Supreme Court approval to marry back in May.

Only a handful of states, provinces and European countries recognize same-sex marriage and gay marriage advocates have demonstrated vocally around the country since the November 4 vote.

Proponents of gay marriage argue the ban vote was improper, since it was passed in an amendment process requiring majority approval — the ban won 52 percent support.

A measure which takes away rights already granted to a minority needs to follow a more substantial process, called a revision, gay marriage advocates said.

Gay marriage opponents say the process was constitutional and the losers are tying to overturn the will of the people, but on Monday they agreed California’s highest court should hear the challenge to the measure, called Proposition 8.