Posted on 03/06/2009 11:55:48 AM PST by bimboeruption
SAN FRANCISCO (AP) - The mood was somber among gay rights supporters after a bruising, three-hour hearing before the justices of California's highest court, who expressed considerable skepticism at the idea of overturning the state's voter-approved ban on same-sex marriage.
Thursday's arguments pitted the right of the people to change their constitution against the right to wed. The California Supreme Court's seven justices indicated a wariness to override the will of voters, who approved Proposition 8 in November - 4 1/2 months after the same court had ruled 4-3 to legalize gay marriage.
Couples like Chloe Harris, 28, and Frankie Frankeny, 42, who married during the 4 1/2-months same-sex marriage was legal, said they were disheartened by the tone of the hearing and not very hopeful the justices would rule in their favor.
"We don't go vote on anyone else's rights," Frankeny said. "It's so demeaning."
Attorneys for same-sex couples took a more measured stance.
"I think they are struggling with the issues," said Jennifer Pizer, of the gay rights group Lambda Legal. "It's hard to read the tea leaves."
Gay rights advocates - including same-sex couples, local governments led by San Francisco and civil rights groups - argued Proposition 8 is such a sweeping change to the constitution's equal protection clause that it was a constitutional revision, not just an amendment. A revision requires legislative approval before it lands on the ballot.
But Associate Justices Joyce Kennard, Marvin Baxter and Ming Chin noted that voters successfully overturned a 1972 Supreme Court ruling that struck down the death penalty as cruel and unusual punishment. When the measure was challenged, the court upheld it as a properly enacted amendment.
(Excerpt) Read more at apnews.myway.com ...
What do you think?
Butt, of course.
California’s high court should not be weighing gay marriage. They should be weighing the legal precedent of a referendum and when it becomes Constitutional law and when and under what circumstances can the will of the people be put aside. Gay marriage is the ancillary issue.
Seven Rings for the Dwarf-kings on their thrones of stone...
WE THE PEOPLE have spoken. This in none of the court’s business. The voters of California need to remind them of that.
Isn’t the judiciary supposed to interpret the law? Sounds like they are trying to write it.
"We don't go vote on anyone else's rights," Frankeny said. "It's so demeaning."
Actually, Ms. Frankeny, every right that the government will enforce for you has been established as the result of a vote.
And that is what partially drives them nuts. They so want a debate on gay marriage ("we love each other" etc.) but they have been relegated to 2nd place in the greater struggle for freedom from judicial and PC tyranny.
Those of the leftist worldview believe it is within their ability, and therefor is their DUTY, to impose “cosmic justice” in the cases that come before them.
Yeah, how about my right to choose to donate or not donate to slackers?
Rights are not subject to vote.
I think they will. Yesterday’s posturing was just for show, so they would appear deliberative before emerging in 89 days with a ruling in favor of gay marriage.
A constitutional amendment by its very nature cannot be unconstitutional.
I do not think they will overturn Prop * from what I saw on the hearing yesterday...They seem to be implying that this was a Political Issue not a Legal one for there court..
I think the Voters right to ammend the Constitution will be upheld by the Supreme Court.
“What do you think?”
I think the citizens need to run these 7 asswipes out of the country on a rail...
Judges in court are very fond on saying “if you don’t like the law, write to your legislator.” and “if you don’t like the constitution then vote and change it.” It is a very snide and demeaning comment usually made at the trial court level to people who have very little chance of appealing thier cases.
We now we find out how serious these judges are about the process.
Remember there is NOTHING stopping the homosexual advocates from going to their legislator and having a new pro-homosexual based marriage put on the ballot. They have the equal opportunity to do so.
Correct, they will keep pushing it from one sect to the next until it eventually gets passed. Remember they have “unlimited” resources and no kids...they’ll eventually get what they want because they CHEAT!
Flames!! There I feel better....Oh wait, I can’t say that? How come your allowed to call me a Bible thumping bigot?
Hmmmm...Flames! Sorry, it slipped out...
No. But whether the government will recognize them and enforce your ability to enjoy them is.
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