November 20, 2008 Prop 8 going before CA Supreme Court Play video

(NECN/ABC) - California's state Supreme Court's newest order opens up yet another round of legal wrangling over same-sex marriage.

The Court has agreed to hear arguments on the future of Proposition 8.

Specifically, answering three questions:

-- Is Prop 8 a revision of, or an amendment to the California Constitution? If it is a revision, that must involve the legislature, as well as voters.

-- Does Prop 8 violate the Separation of Powers Doctrine under the California Constitution?

-- If Prop 8 is constitutional, are the marriages performed before the election still valid?

Proponents of Proposition 8 said they are happy the Court has upheld the case going forward.

The opponents -- lead by San Francisco city attorney Dennis Herrera -- said they are confident same-sex couples will ultimately prevail.

In reality, no one one but the Court knows where the case will go from here, as the Court is dipping its feet in uncharted waters.