California court to hear gay marriage ban case
"It would be a radical departure from 150 years of precedent (to overturn Proposition 8)," said Pugno, calling the challenge a "long shot."
"I think the larger question is going to be what is the status of the marriages that were created prior to the election," he said, adding that he had not taken a legal stand on the issue.
The court said it would hear arguments on the amendment process, the effect of Proposition 8 on same-sex marriages before the election, and on whether the amendment violated the state's separation-of-powers doctrine.
The court in a 6-1 decision asked all sides to work quickly and said oral arguments could be held as early as March 2009.
(Reporting by Peter Henderson and Jim Christie)
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