Archive for the “California Supreme Court” Category
The California Supreme Court
The California Supreme Court this morning upheld California Proposition 8
(which restored the traditional definition of marriage -one man and one woman) which passed at last November’s election.
The California Supreme Court today upheld Proposition 8’s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.
The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.
Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election.
The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.
The decision/opinion of the California Supreme Court is here.
In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the â€œinalienable rightsâ€ theory proffered by the Attorney General. We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid. Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional rule embodied in that measure, it must â€œfind its expression at the ballot box.â€ (In re Marriage Cases, supra, 43 Cal.4th 757, 884 (conc. & dis. opn. of Corrigan, J.); see also id. at pp. 861, 878 (conc. & dis. opn. of Baxter, J.).)
Just as Flap predicted before oral arguments in March.
So, off to the ballot, California is likely headed. But, whether it will be in 2010, 2012 or later is a matter of conjecture.
There are advanatges for gay marriage activists to push the issue into 2010. But, this is a California Governor election year where all of the Democrat candidates support gay marriage and the Republicans support civil unions/domestic partnerships with equitable rights. Will the Democrats who covet the Governorship, now held by Republican Arnold Schwarzenegger really want to run on the gay marriage issue?
Doubtful. And, the e-mail press releases from California Governor candidates are already flying into Flap’s e-mail box.
Yet, in 2012, President Barack Obama will be running for re-election which will again bring unprecedented numbers of African American voters to the polls. These voters supported California Proposition 8 in the last election by significant numbers.
The gay marriage proponents may then seek reddress in the courts since some homosexual couples are considered married and some who did not meet the deadline are not. But, this will be a slow, tedious process in the federal courts where a favorable outcome is not guaranteed for gay marriage.
Proposition 8 Aftermath: California Gay Marriage Backers Have Much to Do Before Returning to California Ballot
Poll Watch: Gay Marriage Evenly Splits Californians – Tough Race in 2010
California Supreme Court Appears to Be Ready to Uphold Constitutionality of Proposition 8
California Supreme Court Hears Oral Arguments on Proposition 8 Re: Gay Marriage Today
California Supreme Court to Hear Oral Arguments on Proposition 8 Case March 5
Technorati Tags: Gay Marriage
, California Proposition 8
Comments Off on California Supreme Court Upholds Proposition 8 and OKS Existing California Gay Marriages
Shannon Minter, standing, speaks to the California Supreme Court in San Francisco, Thursday, March 5, 2009 on the constitutionality of the state’s voter-approved Proposition 8 that bans gay unions. The court will decide whether to uphold the same-sex marriage ban and whether same-sex couple marriages will remain valid
Flap watched the oral arguments before the California Supreme Court on the challenge to California Proposition 8 which was approved by California voters last November. Proposition 8 restored the traditional definition of marriage (one man and one woman) in the California Constitution.
It is my sense (and others too) that the California Supremes will acquiese to the vote of the people on making traditional marriage (one man and one woman) the law of California since the election. However, the validity of prevous gay marriages (allowed by last year’s California Supreme Court ruling on Proposition 22) may be upheld in some way.
The California Supreme Court appeared ready today to vote to uphold Proposition 8, the November ballot measure that banned gay marriage, but also seemed ready to decide unanimously to recognize existing same-sex marriages.
During a three-hour televised hearing in San Francisco, only two of the court’s seven justices indicated a possible readiness to overturn the initiative. Chief Justice Ronald M. George noted that the court was following a different Constitution when it approved gay marriage last May.
“Today we have a different state Constitution,” he said.
Justice Joyce L. Kennard, who usually votes in favor of gay rights, voted against accepting the revision challenge to Proposition 8 but said she would hear arguments over the validity of existing same-sex marriages.
Kennard said during the hearing that “Prop. 8 did not take away the whole bundle of rights that this court articulated in the marriage case.”
She said that “a very important holding” â€“ giving sexual orientation the same constitutional status as race or gender â€“ was not changed.
“Is it still your view that the sky has fallen and gays and lesbians are left with nothing?” she asked gay rights lawyers?
Kennard told them they also had the right to return to voters with their own initiative.
So, how will the vote break down in the court?
Justices supporting the overturn of the original gay marriage ban (May 2008) are:
- Chief Justice Ronald George
- Justice Kathryn Mickle Werdegar
- Justice Joyce L. Kennard
- Justice Carlos R. Moreno
Chief Justice George and Justice Moreno stand for reconfirmation to another twelve year term of office in November 2010.
Justices dissenting from the original decision to end the gay marriage ban are:
- Justice Marvin Baxter
- Justice Carol Corrigan
- Justice Ming Chin
Flap will stay with his previous opinion:
Flap can count as well. Three California Supreme Court Justices that opposed gay marriage plus Justice Kennard (who refused to sign the order and voted to deny the petitions) equals four votes upholding the Proposition and the traditional definition of marriage.
Flap bets the final vote will be 6-1 with Moreno dissenting to uphold Proposition 8 simply because a MORON would have to rule this is a revision of the Constitution and not an amendment.
The decision by the California supreme court is due within 90 days. Want to bet the Court releases its opinion on Friday prior to the Memorial Day weekend?
Technorati Tags: California Supreme Court
, Gay Marriage
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Wesley Gann (R) and his partner Jerry Johnson take part in a rally ahead of the California Supreme Court hearing on Proposition 8 in Los Angeles March 4, 2009. Proposition 8, passed by California voters in November, amends the state constitution to provide that only marriage between a man and a woman is recognized in California
Yes, the California Supreme Court will hear oral arguments
for and against California Proposition 8 that was passed by California voters last November. Proposition 8 restored the traditional definition of marriage in the California Constitution – one man and one woman.
All of the legal filings before the California Supreme Court are here.
The proceedings before the Court will be covered live by Flap on Twitter beginning a little before 9 AM Pacific time. Follow Flap on Twitter here or read the right sidebar ————->
Technorati Tags: California Proposition 8
, Gay Marriage
, California Supreme Court
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