A decision has been made. The California Supreme Court has decided to hear the legal issues over Prop. 8, the same-sex marriage ban which passed by razor-thin 52% of the vote, but said it won't issue a stay against the voter-approved same-sex marriage ban. Which is to say, county clerks will not be allowed to resume issuing licenses to queer couples until the case is decided. Prop. 8 is still in effect.

Court spokeswoman Lynn Holton, according to the The Sacramento Bee, said the court asked the parties who filed the suits to write briefs on three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (2) Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution? (3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

(Feel free to write your own brief briefs as well in the comments, readers.)

An "oral argument" could happen as early as March 2009. To read the court's decision, go here. (Warning: .pdf file.)