This just in .... California's highest court has just agreed to hear legal challenges to a new ban on gay marriage, but has refused to allow gay couples to resume marrying until it rules.



The California Supreme Court on Wednesday accepted three lawsuits seeking to overturn Proposition 8. The amendment passed this month with 52 percent of the vote. The court did not elaborate more on this decision.



Gay rights advocates in these case are arguing that the measure was actually a constitutional revision, instead of a more limited amendment. A revision of the state Constitution can be placed before the voters only by a two-thirds vote of the Legislature or a constitutional convention.



Lawsuits to overturn the initiative contend it was a revision because it denied equal protection to a minority group and eviscerated a key constitutional guarantee. Supporters of Proposition 8 counter that it merely amended the constitution by restoring a traditional definition of marriage.



In its order, the court established an expedited briefing schedule, under which briefing will be completed in January 2009 and oral argument potentially could be held as early as March 2009.



Six justices — Chief Justice Ronald M. George, Justice Marvin R. Baxter, Justice Kathryn M. Werdegar, Justice Ming W. Chin, Justice Carlos R. Moreno, and Justice Carol A. Corrigan signed the court’s order, but Justice Moreno indicated that he would grant the requests to stay the operation of Proposition 8 pending the court’s resolution of these matters.



The court has tended to defer to voter sentiment on initiative challenges, but it has overturned popular ballot measures in the past.



In 1966, the California Supreme Court struck down an initiative that would have permitted racial discrimination in housing. Voters had approved the measure, a repeal of a fair housing law, by a 2-to-1 margin.



Opponents challenged measure on equal protection grounds, not as a constitutional revision.



Additionally Federal courts have also overturned another contentious initiative, Proposition 187, the anti-immigration measure passed by voters.



Crossposted via Lez Get Real.