California Supreme Court Refuses to Defend Proposition 8

Thursday, September 9, 2010

The news of the death of California’s viciously homophobic Proposition 8 just keeps coming and I couldn’t be happier.

On Wednesday, the California Supreme court refused a request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal Chief U.S. District Judge Vaughn Walker’s August 4th ruling that found the ban on gay marriage known as Proposition 8, violated gay Californian’s civil rights.

The state Supreme Court denied a conservative legal group’s request to force state officials to defend the voter-approved ban. The measure was narrowly approved by 52 percent of California voters in November 2008, amending the state Constitution to outlaw same-sex unions five months after the state Supreme Court legalized them. The High court offered no explanation why it rejected the emergency petition filed by the Pacific Justice Institute.

Earlier Wednesday, lawyers for Schwarzenegger and Brown filed letters with the court maintaining state officers have wide authority to choose which laws they challenge or defend in court.

Unfortunately, it is still too early to buy wedding rings and order champagne. The 9th Circuit has said this is one of the issues it will take up when it hears oral arguments in early December.

If the federal appeals court dismisses the appeal because the ban’s proponents lack legal standing, then Judge Walker’s ruling will become final unless the U.S. Supreme Court agrees to take up the case.

If the U.S. Supreme Court refuses to intervene — entirely likely, if past is prologue on such state matters, gay couples would be able to marry in California.

This entry was posted in California, Civil Rights, Gay Marriage, LGBT, News, Proposition 8 and tagged , , , , , . Bookmark the permalink.

22 Responses to California Supreme Court Refuses to Defend Proposition 8

  1. lea-lea says:

    I am very worried about the possibility of Meg Whitman becoming our next governor and what this could mean for an appeal.

    This rightwing sow is on record saying she would support an appeal effort. She clearly dislikes gays and lesbians and her opinion in informed by her religious beliefs. It’s so important Prop 8 is decided before the next election.

  2. lea-lea,

    The governor polls are too close for comfort.

    Some show (Nut)Meg Whitman ahead of Jerry Brown and others show her narrowly trailing but within the statistical margin of error.

    I just can’t wrap my brain around Whitman becoming the next California governor. Brown must prevail.

  3. Joe in Colorado says:

    The issue of gay marriage is a no-brainer. Even some Republicans running for office are co-opting Obama on the issue of marriage equality, much to the White House’s embarrassment. I believe that our society is strengthened by solid unions between adults and this must include gay couple. We cannot treat gay couples differently and as having less value than heteros.

  4. feminazi says:

    What Joe in Colorado said echos my sentiment too. I think it is unconscionable to treat gay Americans as fifth class citizens. If this is the standard, then gays should be exempt from having to pay Federal income taxes on earnings. Let gay couples marry. It’s time the USA needs to join the civilized world. I expected more from President Obama on this issue but he’s as timid as a church mouse.

  5. Jolly Roger says:

    Meg Shitman has already said she’d go to court to defend it. That means that every Klanservative in Kalifornia will goose-step to the polls in November.

    There aren’t many of them there proportionally, but they ALWAYS vote. Everybody else in California better do that too, this time.

  6. Walk on Socks says:

    The dirty truth about Proposition 8 and the role of the Mormon church and Catholic church is manipulating the outcome of the vote is the real story.

    Throughout California in the lead-up to the vote on Prop 8, Mormons and Catholics, with the assistance of NOM, peppered congregations with speaker groups who told outright lies about gay sex being taught in public K-to-6 schools if Proposition 8 wasn’t approved.

    The majority of the congregations were poor and ethnic. But even President Obama’s good pal Rick Warren hosted the Mormons who made their case before his upper-middle class Saddleback Church. Many activists wondered why Obama didn’t call Rick Warren and ask him to reconsider allowing these hate mongers to grace the Saddleback stage but there was only silence from the White House. This was the turning point against Mr. Obama from the LGBT community.

    To this day, the Mormons and the Catholics have fought the release of their donor list but eventually, the courts determined would be made public. There are various undecided legal challenges to the tax exemption status both the Mormons and Catholics enjoy in California.

  7. Tiny Dancer says:

    Maggie Gallagher must be on suicide watch today! 🙂

  8. Prairiedog says:

    From what I read and hear, the civil rights issue of gay marriage is largely generational.

    Under 40, even among Republicans, the issue is a non-issue and supported. Over 40 but under 60, and the numbers for and against split down the middle. Over 60 is where you encounter the most resistance, confusion and religious dogma to justify non-support.

    This is generational divide is what the 1960’s civil rights movement encountered. As older people died off, younger people shrugged and said “so what?” at the sight of an interracial couple. Gay and lesbian Americans need to hang on. In time, older people who oppose marriage equality will be dead and gone and they will take their skewed world view to the grave.

  9. Brigadoon says:

    So Prairiedog, President Obama is 49. Shouldn’t he be a lot more progressive on LGBT rights? I expected so much more from him but instead, got a coward siding with Maggie Gallagher, Tony Perkins, the Mormons and the Catholics. Maybe things will get better when Hillary runs in 2016? Chelsea has her ear and is in a position to influence her.

  10. Arizona Leatherneck says:

    I hope the US Supreme Court stays out of it.

    If the Scalia/Roberts/Thomas junta gets involved, it could spell doom for the issue. I had hoped Scalia would either retire or die by now but I guess real evil lives forever.

  11. joost says:

    Obama is a moral coward. On every issue, from gay marriage, to Prop 8, DADT, DOMA, SB 1070, the Lower Manhattan mosque, and insurgency in Mexico, he stands on the sidelines, shivering in terror at the thought of taking a position.

    Voters thought he would be JFK or LBJ but instead, we got Tiny Tim.

  12. Miss Courtet says:

    The religious right’s agenda is to use gay rights as the tool instill fear in the hearts of otherwise reasonable Americans.

    But opinions are changing and gay rights are losing their effectiveness as the dominate wedge issue and this is sending the religious right scrambling to find other tools to hold onto their power.

    It is truly unfortunate that President Obama isn’t smart enough to recognize he’s allowed himself to be used by these people. His actions and more importantly, his inaction on gay rights is proof he’s not ready for primetime.

  13. R.J. says:

    I boldly predict Jerry Brown will win. Think about it. NutMeg has spent $104 million and only yesterday did Jerry Brown start broadcasting his first commercial. If all she’s done is tie him, then she’s toast. Eight weeks is an eternity in politics.

    Remember, Prop 8 was losing up until the final week before the election.

  14. DMason says:

    If Nut Meg defeats Jerry Brown I’m moving. I can’t see living in California with that bitch in power. Also, if she wins then California isn’t the state I know and love. I mean it. I’ll join the exodus out of here to better climes.

  15. Rinaldo says:

    uhhh,,, R.J.,,, I think you used the wrong example with proposition 8, that would show that as the election approaches the race will break in favor of the conservatives … is that what you want?

  16. Bel Ami says:

    I think Joost hit the nail on the head.

    Rasmussen has President Obama’s disapproval at 47% with only 23% approving. In 20 months he’s entered the realm of George W. Bush. So you really have to wonder what he has to lose by behaving like the liberal Democrat he was back in Chicago. Then, Mr. Obama was a vocal supporter of gay marriage but all this changed when he went to Washington.

  17. Rachel says:

    Prop 8 revealed the ugly realities about how many minorities view the gay community. Remember, the Mormons knew to set-up shop in black and Hispanic churches because they could exploit stereotypes and misconceptions deeply held about “teh gays” within these communities. This is why no one wins when we stick our collective heads in the sand and pretend we’re all sitting at the same table. Nothing can be farther from the truth.

  18. Conejo1982 says:

    While we’re indirectly talking about Obama, what ever happened to his grand scheme to close Gitmo?

    Gates scared him off the idea?

  19. fran says:

    Such a mess, recently read an article that a gay couple married in MA. wanted to file for divorce in TX & it was not allowed.
    Can you imagine a marriage only valid within one state or another??
    So unconstitutionally wrong.

  20. Randy Arroyo says:

    When President Obama says he’s “evolved” or had an epiphany, or admits Michelle kicked him in the ass and not supports gay marriage, I might consider him in 2012 but, I’m not holding my breath. I would rather sit the next election out than try to reach for the lever in the voting booth from under the bus.

  21. Jolly Roger says:

    I wouldn’t put too much stock in Assmussen. They aren’t exactly known for their accuracy when it comes to Rushpubliscums.

  22. I gladly go 100% on record for Prop 8 being declared unconstitutional, there is no doubt that gays are being denied equal rights as required by the Constitution of these United States of America.

    Further, this must be overturned as it was passed illegally by the people of the extreme right with millions of dollars from bigots and homophobes; bottom line we can not allow the majority to have rule over a minority – that is just wrong and immoral

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