(11-13) 18:17 PST SAN FRANCISCO -- The California Supreme Court has asked state Attorney General Jerry Brown to reply by Monday to lawsuits challenging the voter-approved ban on same-sex marriage - a sign that the justices are taking the cases seriously and will not dispose of them quickly.
They argue that the initiative, a state constitutional amendment, violates other provisions of the California Constitution by taking rights away from a historically persecuted minority group and stripping judges of their power to protect that group. The couples' suits contend that Prop. 8 makes such fundamental changes that it amounts to a constitutional revision, which can be placed on the ballot only by a two-thirds vote of the Legislature.
Although the court's request, issued Wednesday, did not mention any issues in the suits or state the justices' views, "it indicates that the Supreme Court sees the seriousness and immensity of the issue, and before it takes any action it wants to hear from Jerry Brown," said Irving Greines, an appellate lawyer in Los Angeles.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/13/BAMU1449RR.DTL