November 19, 2008
Recall specter hangs over high court as it considers Prop. 8 challenges
by Maura Dolan
Los Angeles Times
Reporting from San Francisco -- Six months ago, California's highest court discarded its reputation for caution and ended the state's ban on same-sex marriage.
Now the moderately conservative state Supreme Court is being asked to take an even riskier step -- to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench.
The court is under intense pressure from all sides. Its first response to the challenges may come today, when the justices meet privately in a weekly conference to decide which cases to accept for review.
Legal scholars say case law does not give the court a clear path for overturning the voter-approved measure. The state high court -- six Republicans and one moderate Democrat -- generally defers to the will of the people. Only twice has the court rejected initiatives on the legal grounds cited by opponents of Proposition 8.
Read the complete story (Some news sites require registration)
Related Headlines
Lutheran group to lead formation of new church body in wake of decision to allow gay pastors
