Two Updates

The past two weeks I have written about Proposition 8 (here and here), and the week before these articles I had written on Nebraska’s safe haven statute (here). As new developments have arisen with both of these issues, I would like to take the time this week to bring these latest updates to the attention of the readers of this blog.

Proposition 8

Being reported today on this issue is the fact that the California Supreme Court has agreed to hear challenges to this recently passed ban on same-sex marriages. Three lawsuits have been filed in California challenging that the Plaintiffs’ civil rights have been violated with the passage of Proposition 8. Challengers to Proposition 8 also claim that the State had improperly bypassed the Court’s judicial authority by allowing voters to effectively overturn the previous California Supreme Court.

Arguments in the case are due by December 19, and responses are due by January 5, 2009. Oral arguments, at the earliest, will be heard in March. While this suit is pending, the Court has not authorized the continuation of same-sex marriages; allowance of such marriages will not be allowed unless the Court finds in favor of those opposing Proposition 8. During these hearings, the Court will also determine the validity of those marriages performed after the Court’s original ruling, but before the passage of Proposition 8.

Nebraska Safe Haven Statute

The Nebraska Legislature has reportedly voted 14-6 to send a newly worded safe haven statute for second approval. The language has been amended to set an age limit of 30 days for those children covered under this statute. Such language will create an age limit in Nebraska, the only state that had previously not set such a limit. The final vote on this language is scheduled for Friday, after which the Bill would go to the Governor who has already expressed approval for these changes.