Well we should all be very familiar with Prop 8 and its background by now, and since this Thursday is the date of oral arguments for the challenges to Prop 8, I think a bit of legal summary is in order: There are 3 cases that are being heard simultaneously on March 5th in San Francisco: Strauss v. Horton Tyler v. California San Francisco v. Horton There are several issues being considered: Is Prop 8 a revision or a simple amendment? The California Constitution requires revisions to be ratified by 2/3rds of the Legislature, so if the Court agrees with this argument, it would effectively send Prop 8 to the California Legislature, where it would undoubtedly meet its end. Does Prop 8 violate the separation of powers doctrine? The argument here is that protecting minorities is a responsibility of the judiciary, and that the legislative process can't intervene to prevent equal protection under the law. If the Court agrees with this argument, Prop 8 is essentially nullified on the spot. Can the initiative process override 'inalienable rights?' This argument is being made by Jerry Brown, the Attorney General. Brown is basically saying that the initiative process can't be used to challenge fundamental rights, because the very notion of a majority defining a fundamental right defeats the purpose of having a fundamental right. Finally, if the Court does not accept any of the above arguments and Prop 8 is retained as valid law, are the 18,000 same-sex marriages now annulled? What is their legal status? There have also been over 60 amicus curiae briefs filed in the case, with over 2/3rds of them being in opposition to Prop 8. To read the legal stuff for yourself, I suggest this Court press release and the Court's webpage.