Wednesday, February 4, 2009

Yes, we want marriage; just not us, specifically

Proposition 8, and its legality, is going to the Supreme Court of California. I've not made comment on this for two reasons: 1) I think it will fail, and 2) we should pursue the voters again. Otherwise, we end up with Roe v. Wade all over again -- that is, people bitter that "the will of the people was supplanted by the will of the judiciary." Blah blah balh. And you know that's going to be said.

But it's going to be back in court on March 5th:
The California Supreme Court will hear the legal showdown over gay marriage on March 5, ensuring a decision on the future of same-sex nuptials across the state will arrive before summer.

In a statement released Tuesday, the high court set three hours of arguments for its calendar in San Francisco, setting the stage for the justices to consider a series of legal challenges to voter-approved Proposition 8. Civil rights groups and a number of cities and counties, led by San Francisco and Santa Clara County, sued after the November election, arguing that the ballot initiative is invalid and should be struck down.
In related news...

Julie and Hillary Goodridge (you know, of Massachusetts' Goodridge, et al. v. Department of Public Health) are getting a divorce.

No words.


Jere Keys said...

I don't think it will fail. Almost every legal scholar in California agrees with the pro-equality argument that allowing Prop 8 to stand undermines the proper separation of powers in CA and violates the spirit of ballot measures. Also, judges don't like being overruled, even by the majority of the public.

From a long-term political gain and culture shift perspective, I'd rather see this issue won at the ballot box, but from a civil libertarian perspective, I agree with the slogan "Equality should not be put up for a popular vote."`

Anonymous said...

Barry it's finally happened!


1. Gay Marriage SHOULD NEVER go up for a VOTE. Civil Rights should never be VOTED upon.

2. Even if it DID pass by a Statewide Vote there would still be people REGARDLESS if it was voted on or not that will be against it and "blah - blah" it. Voting is NEVER the WILL of the People. Its just the WILL of the PEOPLE who SHOW-UP since you can never get 100 percent of the population to the Polls.

3. Like MA which is doing FINE BTW with it. It should go before the judges and then before the State House/Legislature