California’s Supreme Court said Wednesday that it will consider the constitutionality of Proposition 8, which eliminated same sex marriage in the state earlier this month. The proposition, which passed 52 percent to 48, overturned a May ruling of the state Supreme Court that legalized same sex marriage.
According to the New York Times, the Supreme Court will also consider the legality of the nearly 18,000 same sex marriages that were performed in California before Proposition 8 was approved by 52 percent of voters. The Court will also consider the question of whether same sex couples have been denied equal protection under California’s state constitution. According to the Los Angeles Times, lawyers representing gay rights will continue to argue that the proposition denies protection to a minority group that has historically been discrimination against.
Until there is a final ruling, same sex marriage ceremonies will be unable to resume. Shannon Price Miller, a litigator in the case and a lawyer for the National Center for Lesbian Rights, told the Los Angeles Times that “we are concerned that there may be some couples who will never be able to marry because of this.” The Court does not plan to hear oral arguments until March.