Posted on 02/05/2009 12:01:14 PM PST by dbz77
The California Supreme Court will hear the legal showdown over gay marriage on March 5.
In a statement released today, 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.
Voters restored the ban on gay marriage, after the state Supreme Court last year found the prior law outlawing same-sex marriage unconstitutional. Attorney General Jerry Brown, in an unusual move, is also arguing that Proposition 8 should be struck down, maintaining that a ballot initiative cannot remove an existing constitutional right.
(Excerpt) Read more at presstelegram.com ...
Oh gee! I wonder how they will rule. My guess is the people of California(those bigots!) will just have to realize how pathetic their judgement is and bow to the will of their superiors. Man the lifeboats.
If the people no longer can determine what the laws are. Who Can?
Not necessarily. They ruled the ballot initiative had to be allowed.
They will hear this case; but they won’t hear whether Obama is legal or not.
The CSC will find a legalistic manuever to declare that the amendment was improperly handled and so is invalid. At that point, they should be impeached and removed from office.
Then Brown and the former CSC members should be prosecuted under the RICO act for conspiring against the will of Californians. It won't get anywhere, but hopefully, it should scare the bejeebus out of the liberals and really push them over the edge!
To hell with gay marriage!.....Give me my damn tax refund!
I really believe that the Supremes are going to get involved in a big way sooner or later. Actually, I would like to see them force the hand of all state legislature to either firm up their states’ constitutions either pro or con, or force state legislatures to take action. I really don’t want the Supremes making this kind of a decision as they did on Roe v Wade. It’s a legislative decision niot a judicial decision. I have also heard various arguments floating around about propositions, referenda, or any direct vote by the people on an issue. When these direct initiatives are put forth for the people to vote directly on, I really wonder how much scrutiny is given to its constitutional viability. Propositions and referenda do give a good assessment on how the public feels about such things, but as law what are the chances of it not being constitutionally shot to shreds.
Time for a constitutional amendment.
That’s the only way to stop this judicial activism.
Looks like there are a long list of Amicus briefs on this issue. Like all things Legal it's kinda obtuse. "Petitioners" and "Support of Petitioners" appears to be the Anti Prop 8 side of the argument. "Respondents and Interveners" appear to be the Pro Prop 8 side.
Any CA Lawyers out there ought to weigh in because it looks to be 3 against to one for. Not that the CSC should be adjuticating by a count of amicus.
Someone correct me if I'm wrong, but I understand that the original ruling last year was issued because there was an absence of the definition of marriage in the Constitution, and the justices ruled on that basis, wrong as it was. Since there now IS a definitive amendment in the CA Constitution, the SC now has no basis for a negative ruling. I'm very hopeful on this.
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