SAN FRANCISCO (CBS 5 / KCBS) â The California Supreme Court could decide as soon as Wednesday whether to review the constitutionality of the proposition that bans same-sex marriage.
Six different lawsuits have been filed asking the state Supreme Court to overturn Proposition 8. The justices could defer deciding whether to take up those cases until after the Thanksgiving break, a decision both sides would find agonizing.
"The voters deserve to find out from the Supreme Court whether this is valid or not," said Andrew Pugno, an attorney for Yes on 8. "Of course, we think it is and will be upheld, but it's just in everybody's interest to get it done now."
The court could choose not to hear those cases at all and return the matter to a lower court, an option Pugno said would mean years of protracted litigation.
The question also remains whether a stay will be issued that would allow gay marriages to resume until all the litigation is settled.
"We're talking about a right that is fundamental, that the court has clarified as a fundamental right, and that people would be harmed if they were precluded from exercising that fundamental right," said Courtney Joslin, a UC Davis family law professor formerly with the National Center for Lesbian Rights.
The court also has the option at its weekly conference on Wednesday not to settle the matter at all, something Joslin said would be very unlikely.