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Posts Tagged “California Proposition 8”

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SCOTUS and Gay Marriage SCOTUS To Hear Gay Marriage CasesFinally!

The U.S. Supreme Court will decide whether California’s Proposition 8 marriage amendment is constitutional and whether the federal government can refuse to recognize gay couples’ marriages for tax purposes and other reasons, the court announced Friday.

Decisions in both cases, by the court’s practice, are expected by the end of June.

The questions of federal standing aside, the Supreme Court should make a definitive ruling – one way or the other.

Do the states have the right to decide their own marriage laws, or is there a federal right to a same sex marriage?

We will see in late June 2013.

But, there are OUTS!

The SCOTUSblog live blog reports: “Prop. 8 is granted. So is Windsor. Those are the only two marriage cases granted.”

SCOTUSBlog’s live blog continues: “Prop. 8 is granted on the petition question — whether 14th Am. bars Calif. from defining marriage in traditional way.” No surprise there — except perhaps to Jeffrey Toobin. The Court then added a question of its own: “Whether the backers of Prop 8 have standing in the case under Art. III.” So the court may avoid ruling on the constitutionality of Prop 8 by saying that the case should not have been allowed to proceed in the first place — which I gather would mean that the lower court decisions are off the books, as there was no jurisdiction in the cases that would allow them to be decided.

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share save 120 16 California Proposition 8 Aftermath: Ads Up ALREADY For Repeal After California Supreme Court Upholds This Morning
This provocative new TV ad was created in the spirit of Harvey Milk’s call to “come out, come out wherever you are” and proudly tell the stories of the people most affected by the passage of Prop 8 — in moving images set to the beat of Regina Spektor’s beautiful song “Fidelity”.

The Courage Campaign is already up with ads to repeal California Proposition 8 which restored the traditional definition of marriage (one man and one woman) to the California Constitution last November. The California Supreme Court upheld the measure this morning.

Just minutes after the California Supreme Court decision upholding Prop. 8, the fight for marriage equality is already on again — as the 70,000-member Courage Campaign, a progressive group, has unveiled new ads and an online petition campaign aimed at getting the issue before California voters again.

Rick Jacobs, founder and chair of the Courage Campaign, said in an e-mail statement: “I am disappointed the Court ruled to deny marriage equality to Californians. These are fundamental constitutional rights that cannot be abolished by a ballot initiative. While we were hoping the Court would rule in favor of equality, we have been building the infrastructure to win marriage equality rights at the ballot box. Our members are ready to do the hard work needed to win.”

Do the California Democrat Governor canddiates want to run on gay marriage (since the Big 3 plus 1 Dianne Feinstein, Jerry Brown, Gavin Newsom and Antonio Villaraigosa support gay marriage)?

Steve Poizner, a Republican candidate for Governor has already blasted out an e-mail supporting the California Supreme Courts’ decision:

“The California Supreme Court took the appropriate action today in upholding the will of the people by affirming Proposition 8. The people of California have spoken. They voted decisively that marriage should remain between a man and a woman. That is also my personal view.

“There was much more at stake today than even the issue of gay marriage, as important and emotional as it is for so many people on both sides of the issue. If the Court had overturned Proposition 8, it would have had set a terrible legal precedent, divided Californians even further, undermined support for the judiciary and state government itself while serving as a tremendous blow to the fundamental American concept of government of the people, by the people and for the people.

“Regardless of which way the Court ruled today, a particularly shameful element of this issue has been the Attorney General’s unethical abandonment of his legal responsibility to the people of California. It is no surprise that Jerry Brown politicized and abused his latest position in an unprecedented way in order to play political catch-up with Gavin Newsom.

“As Governor, Brown opposed marriage for gay Californians. As a candidate for Attorney General, Jerry Brown refused to publicly support gay marriage. But once Gavin Newsom gained the upper hand on the issue with Democratic primary votes, Brown used his office as the state’s lawyer to suddenly become an advocate of gay marriage and attempt to subvert the twice expressed will of the people of California. As he enters the fifth decade of his political career, Jerry Brown seems determined to go down in history as the man who was on more sides of more issues than any other California politician.”

This repeal of traditional marriage issue will assure that the social conservative GOP and religious voter base will turn out for mid-term non-Presidential California elections. This will be unfavorable to Democrat candidates.

Can you see the Gavin Newsom vs. Jerry Brown ads in the Democrat Primary election? It will be “whether you like it or not” vs. “I proposed an illogical legal theory and avoided my responsibility to the people of California as Attorney General to help gay marriage.”

Somehow I think the GOP media consultants are licking their chops at the prospect of this highly polarizing campaign. One which either GOP candidates Meg Whitman or Steve Poizner will easily win.

My bet is that the Democrats will ask the Courage Campaign and others to defer until 2012.


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share save 120 16 California Supreme Court Upholds Proposition 8 and OKS Existing California Gay Marriages
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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 “inalienable rights” 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 “find its expression at the ballot box.” (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.

Stay tuned……..

Previous:

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


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As expected the California Supreme Court has upheld the decision of California voters to change the California Consitution to define marriage as one man and one woman.

More later since the California Supreme Court website is down from too much traffic.


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share save 120 16 California Proposition 8 Ruling by California Supreme Court Coming Next Tuesday
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The California Supreme Court will issue its ruling next Tuesday.

The California Supreme Court has announced that it will rule Tuesday on three cases challenging the constitutionality of Proposition 8, the measure voters passed to ban gay marriage

The opinion will be released at 10 a.m. Tuesday, the High Court announced today.

Proposition 8 passed last Nov. 4 with about 52 percent of the vote. It changes California’s constitution with a simple declaration that only a marriage between a man and a woman is legal and valid in the state.

The court has been very quiet and so have court pundits. I would expect that had the Justices decided to overturn the voter approved Proposition 8 and thus legalize gay marriage in California that there would have been some timely leaks.

It has been anticipated for months since the oral arguments that the California Supreme Court will declare Proposition 8 (which restored the tradtional definition of marriage (one man and one woman) to the California Constitution) constitutional.

Flap’s 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.

Stay tuned…..

Previous:

California Supreme Court Decision on Proposition 8 Gay Marriage Due Out This Week?

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


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