Skip to content

Prop 8 Court Battle (semi-live commentary)

March 5, 2009
by

Duke of Ray here, at home waging a cold battle, when I happened upon NBC Raw News (Ch.4-2 in LA), which is broadcasting the court battle (see how I linked the battles there; clever, eh?) over Prop 8.

Since my cognitive abilities are more hampered than usual, I’m just going to note a few things that pop out as I’m watching the re-broadcast (I think?) of anti-Prop 8 attorneys making there case before the California Supreme Court today.

* The anti-Prop 8 folks are mostly basing their case around the idea that Prop 8 revises, rather than amends the California Constitution.

* The justices often brought up the amendment to the CA constitution codifying the death penalty as an analogy of an inalienable right (life) which was limited by the People.

* Another recurring issue brought up by the Court is that the Prop deals with nomenclature, and does not effect the domestic partnership laws which apply universally to different- and same-sex couples.

* One of the attorneys represented the ACLU, the AFL-CIO and the Federation of California Teachers.  Makes one wonder if those union folks got the right to choose whether their dues were directed towards paying these lawyers.

* Very fascinatingly, a number of the justices have floated the idea of making civil unions administered universally by the state, and leaving the sacrament of marriage to be a separate matter which religious institutions may or may not administer as they deem fit.   The anti-Prop 8 attorneys basically seemed to answer “yes, that would be acceptable.”  And one justice then asked “Is this a matter which we [the Court] should decide, or something which should be left to the legislature and the Governor?”  The reply was then a kind of backpedaling, saying that we can’t wait “one second” for any such legislation, the violation of Equal Rights being so egregious in their view.

I’d say from what I’m watching that the Court is not inclined to strike down the Proposition.  If so, the next step would be a legislative movement towards getting the State out of the business of marriage.   To be continued…

Advertisements
3 Comments leave one →
  1. Timmy C. permalink
    March 5, 2009 7:58 pm

    Hey DukeofRay:

    “Very fascinatingly, a number of the justices have floated the idea of making civil unions administered universally by the state, and leaving the sacrament of marriage to be a separate matter which religious institutions may or may not administer as they deem fit. ”

    Fascinating and suprising indeed. Would love to see a link to any transcript of that discussion if it exists…

  2. Timmy C. permalink
    March 11, 2009 8:38 am

    BTW: I just saw this pop up.

    I’m no longer a Californian, (and I still think Ballot Initiatives should go away in general as a way of passing laws) but all that said, if I were, I’d be one the first to sign this:

    “California’s top election official gave two Southern California college students the go-ahead Tuesday to start collecting signatures for a proposed ballot initiative that would end marriage as a state-sanctioned institution.

    Ali Shams, 22, a senior at the University of California-San Diego, and Kaelan Housewright, 21, a student at the California Institute of the Arts, want all couples to be eligible only for domestic partnerships, the designation now reserved for elderly couples and same-sex couples who can not legally wed.

    The two friends, who say they are straight, submitted their proposal to the secretary of state in late December in response to the gay marriage ban that California voters approved in November.

    Their constitutional amendment would repeal the ban, known as Proposition 8, and strike the word “marriage” from licenses, tax forms and other state documents while retaining the rights and responsibilities of marriage for domestic partners.

    “The purpose of which is to provide equality amongst all couples, regardless of sexual orientation, without offending the religious sect,” the pair wrote in their application for an initiative title and summary. “Legally speaking, ‘Marriage’ itself would become a social ceremony, recognized by only non-governmental institutions.”

    Secretary of State Debra Bowen said the two must gather nearly 700,000 signatures by early August to get the initiative on the June 2010 primary ballot.

    “Ours is more like a compromise that mediates the two sides,” he said. “This isn’t a gay rights campaign, it’s an equal rights campaign. You can see it as an attack on marriage, but you can also see it as protecting marriage because we are taking it out of the battlefield.”

    They have created a Facebook group for the initiative, which has drawn support from people who voted for and against Proposition 8.

    Here is the initiative: http://ag.ca.gov/cms_attachments/initiatives/pdfs/i800_09-0003_domestic_partnership_initiative.pdf

    and here is the facebook group: http://www.facebook.com/group.php?sid=8a917c717addbeef898c5fc4255634e2&gid=42833687407

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: