Hearings Set In California's Proposition 8 Same Gender Marriage Battle

Two separate actions have been filed regarding the ballot statement in California's Proposition 8 ballot initiative to ban same gender marriage.The California Supreme Court struck down the state's prohibition on same gender marriages on May 15, 2008 and same gender marriages have been occurring since June 16, 2008. The state is not recording the gender identities of married couples since that date nor is the state tracking the genders for those marrying since that date.

The first, Jansen v. Bowen No. 34-2008-00017351 the petitioners seek to have the current title that only eliminates the right of same gender couples to marry, which appears to be prospective in scope, with the original wording, which implies that the amendment is retroactive in scope. It also challenges the wording of the opponents' statements regarding the retroactive effect. The suit also challenges the opponent's position that same gender marriage will not have to be taught in kindergarten.

The second, Jenkins v. Bowen, No. 34-2008-00017366, the petitioners seek to strike the language of the proponent's argument in favor of the amendment and the rebuttal to the opposition because the language incorrectly states California law. Further the controversial issue of whether the initiative is prospective rather then retroactive as to those same gender couples currently married has been raised in regard to challenging the proponent's ballot statement.

The oppositions are due by August 4, 2008 at 12 NOON.

The hearings will be held in Department(s) 29 and 31 of the Sacramento Superior Court on August 7, 2008 at 1:30 PM (pending the cases being deemed related).