Experts Predict Calif. Justices will Uphold Prop 8

Monday, March 30, 2009


Do Mormon bigots have reasons to celebrate? Maybe.

Legal experts who once hoped the California Supreme Court would overturn Proposition 8 now expect justices to uphold the measure.

Justices heard oral arguments March 5 over the constitutionality of Prop 8 — an amendment that ended same-sex marriage in California, and whether the 18,000 same-sex marriages performed in the state are still valid.

Gay activists and attorneys from some California municipalities argued the court should invalidate Prop 8 because it is not an “amendment” but rather a “revision” to the state’s constitution, thereby requiring a two-thirds vote from both chambers of the California Legislature for approval.

California Attorney General Jerry Brown also filed a brief against Prop 8, but argued the court should invalidate the measure because it took away inalienable rights without compelling reason.

Experts who watched the hearing said afterward that justices telegraphed in their line of questioning that they favored upholding the amendment.

Kate Kendell, executive director of the National Center for Lesbian Rights, one of the organizations that filed a lawsuit against Prop 8, said she was “much less optimistic” after witnessing the oral arguments.

“I think the court telegraphed that they are skeptical of the revision theory that we’ve advanced,” she said. “And as tragic and monumental a disaster it may well be for Prop 8 to be upheld. [It] appears that the court is on that course.”

Doug NeJaime, a gay fellow at the Williams Institute, a think-tank for sexual orientation law at the University of California in Los Angeles, said “a clear majority” of the court would rule in favor of Prop 8 because justices weren’t buying the argument that the measure was a qualitative revision to the constitution.

If the California Supreme Court upholds what amounts to a blatantly homophobic assualt on gay marriage equality, expect a recall effort of the judges who side with the Mormon bigots responsible for the antigay marriage measure.

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17 Responses to Experts Predict Calif. Justices will Uphold Prop 8

  1. Harry says:

    Here in San Diego, activists are organizing to unseat the justices should they side with the Mormons. Referendum is a bitch, ain’t it?

  2. Aunt Peg says:

    In California, you can recall Supreme Court judges?

    I think this is a wonderful idea. Prop 8 is an assault on the language of the California Constitution. If the justices ignore this fact, then they’re not suited to don a black robe and make a ruling.

    They’re qualified to work at Home Depot.

  3. Jim says:

    This will not end until the courts uphold the right of gays and lesbians to marry.

  4. Estacada says:

    The Supreme Court is playing with fire if they decide to uphold this terrible use of the proposition process to allow the majority to trounce the minority.

    Let’s hope decency and commonsense prevails and Prop 8 is tossed in the garbage where it belongs.

  5. You seem to be arguing that the Court ought to throw out Prop. 8 simply because you do not like it. That is not what the courts are for.

  6. bradfrmphnx says:

    Its just as bad here in AZ. There are a lot of religiousrightwingnut Mormons, and farrightwingnuts who don’t have an ounce of brains nor understanding.

  7. Have any of you checked the results of elections in states where these types of constitutional amendments have passed?

  8. Jon says:

    Having a setup where the constitution can be changed with a simple majority seem incredibly unwise.

    But, however much I may despise prop 8, I do not see much validity to the challenge. And punishing judges for doing their job, even if it results in a ruling you do not like, is a terrible idea.

    50% plus one passed the ammendment, 50% plus one can get rid of it.

  9. R.J. says:

    One way or another, we’ll get rid of it by any means necessary.

  10. Buck says:

    “We the people” is a joke. Always has been. Minorities have had to struggle and fight to get the same rights and protections straight, white men have had since day-one of this country’s beginnings. The only people who can argue against that point are these straight, white men, and people’s of other minorities who are too young to remember what being put down and thought less of by their “We the people” government feels like.

    It’s hard for your average Jane and Joe Six-Pack to feel empathy. They’ve been told that they, as Americans, are the center of the universe, and all others are below them. Apparently that’s how they feel about the gay community too.

    Ignorance is bliss. This fight premises to be a long one, so hang in there friends. 🙂

  11. Mauigirl says:

    We can only hope that they see the light and realize Prop 8 is just wrong. But one way or another, sooner or later, gay marriage will be legal in this country.

  12. Randy Arroyo says:

    The proposition/referendum process in California was applied to take rights away from a minority by the majority. Do supporters of Prop 8 feel strong, empowered, and viral, as a result of voting for this?

  13. They do not consider same-sex “marriage” to be a right.

  14. Buck says:

    They once thought blacks were property. What’s your point?

  15. Adirondacky says:

    Minorities, be they gays, blacks, the elderly or the disabled, are defined by their numerical status being smaller than a majority. There are more straights, than gays, more whites than blacks, more people under 40 than over 65, and so forth. As a legal definition, gays are a minority. The notion than the voters of California would rewrite a portion of the state Constitution to take rights away from a minority is unheard of and can’t possibly be upheld by any court.

  16. Why is it different when California does it than when Oregon or Nevada do it?

  17. RWR says:

    Michael Ejercito, it’s different because people are kicking themselves in the realization that they *let* this happen by participating in a narrow and delusional election process. The Obama Movement talked down any “distractions” from their oh-so-certain cause until all else but electing this unknow messiah was forgotten. People are kicking themselves, and, of course, looking for anyone else at whom they can deflect their kicks.

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