California Supreme Court to Declare State Constitution Unconstitutional
Posted on 05/22/2009 11:49:20 AM PDT by Zakeet
California's supreme court announced on Friday that it will rule next week on whether to uphold a ban on same-sex marriages that critics say violates civil rights in the most populous U.S. state.
The ruling will also decide the fate of about 18,000 same-sex couples who were married last summer before California voters outlawed the practice through passage of the Proposition 8 constitutional amendment in the November, 2008 election.
The ruling in the so-called Prop 8 case will be issued on Tuesday, the court said on its website.
[Snip]
The supreme court justices in a ruling last spring declared same-sex marriage legal. The passage of the constitutional amendment, however, has placed the case back on the court agenda.
Some of the justices who supported same-sex unions last year expressed reservations during oral arguments this year about the legal justifications for overturning a voter-approved amendment of the state constitution.
(Excerpt) Read more at reuters.com ...
California Supreme Court to Declare State Constitution Unconstitutional
I predict a split decision. They uphold Prop 8, but also allow the previous so-called “marriages” to remain licensed by the State.
That would be consistent with what was done in states which outlawed common law marriage.
Existing were allowed to stand and no new ones formed.
HOWEVER, I predict california will ignore the law, ignore the constitution, and ignore the people to create a machiavelian pro-homosexual result.
It all hinges on where the judges buy the born that way myth.
I agree with you on this. They cannot say that a constitutional amendment is unconstitutional but they can keep the same sex “marriages” in place by pleading grandfathering(totally ignoring the fact that voters already threw same sex marriages under the bus before).
I think you are wrong for two reasons. This is a constitutional amendment. The people just kicked the crap out of the governor and the legislature on the 1A-1E props. They will rule Prop 8 legal(they really can’t do anything else, they cleared it before the election and it is a constitutional amendment)and they will say the marriages already in place will stand, IMO.
I wish some attorney would explain to my how a state court can rule a Constitutional Amendment is unconstitutional. I can understand how the US Supreme Court could act in such a manner, but not the state court.
Isn't a state supreme court bound to rule on laws by what's set forth in the state's constitution? How can they rule the constitution of the state unconstitutional per the state's constitution? Makes no logical sense to me.
They are going to uphold the will of the people or else the people should lay hands on them and uphold them from their positions.
ahhh but they will not be saying a constitutional amendment is unconsititutional.
they will be saying the PROCEDURE used to pass it was wrong and must be done over correctly.
They will thus not actually rule on the constitutionality, ONLY the procedure.
(it is the argument made by the homosexuals before and after the election)
It doesn’t make logical sense but that has never stopped a liberal.
What do you know about these specific judges? I know their history and that affects my opinion. I also know that two of the justices, Ron George and Carlos Moreno, who voted to throw out Propostion 22 in early 2008 causing this crises, will be on the ballot for confirmation in 2010. Ron George is particularly known to sway with the wind in his opinions, and the Prop 22 decision was only decided 4-3.
I'd like to know how much the American Bar Association has donated to gay groups in support of efforts to get gay marriage legalized. Pre-nups, settlements, etc., etc. Litigator gravy!
I hope you are 100% correct.
I hope they either void those homosexual based marriages or simply convert them to civil unions as a face saver. (though civil unions are still a sham)
In other words, those justices know that if they overrule the People who overruled them they will be recalled.
Protests/celebrations are planned all over the state for this so-called “Day of Decision.” Ugh. Let the rioting begin ....
And that is exactly what the proponents of gay marriage want, a spilt decision that will establish two classes of people in California, those who have the benefits of marriage and those who do not.
And when that two class status is challenged before the SCOTUS, the gay marriage advocates will cite the Equal Protection Clause and win their case.
I’m just predicting, not advocating.
So the only thing important about traditional marriage is the word "marriage"? A "civil union" is simply a dishonest version of marriage. Remember what Shakespeare said about a rose.
I think you are right and if that is the case, the SCOTUS will overturn the ban on gay marriage based on the Equal Protection Clause.
I don’t know of any judges in very recent history who have been in the slightest worried about a retention vote.
Sounds about right. Someone at the office told me that the gayloving Mayor of SameFrancisco (not his words, he wants gay marriage approved. I have to hide many things at my building, which is why I really like to come to FR and relax) knew that court has voted to uphold Prop 8 but that this week is the 30th anniversary of when Harvey Milk was killed. For fear of riots in the street the court will hold off until next week.
So, if correct, this looks good. At least for now. If marriage can hold through the 2010 referendum it may win overall.
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