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California Supreme Court Upholds Proposition 8 and OKS Existing California Gay Marriages
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 2010California 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
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California Proposition 8 Ruling by California Supreme Court Coming Next Tuesday
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
Technorati Tags: California Proposition 8, Gay Marriage
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Poll Watch: 24 Per Cent Favor Federal Bailout for California
And, 59 per cent oppose bailout funds for states like California that face serious financial problems. For California specifically, 66 per cent oppose a bailout.As for California specifically, again just 24% believe the federal government should guarantee the state’s loans. Sixty-six percent (66%) of voters nationwide oppose federal guarantees. California Governor Arnold Schwarzenegger has said the state may request such guarantees.
Even given the most extreme example of bankruptcy, voters oppose federal subsidies to keep the state government going.
Forty-eight percent (48%) say it would be better for the economy to let California go bankrupt rather than provide federal bailouts. Just 38% said it would be better to provide federal subsidies so the state can continue to pay its bills and provide services.
California’s revenues have decreased to 1999 levels. Why not cut spending to match the revenue?
Too simple, huh?
California should cut government spending supported by the politically powerful public employee and teacher’s unions and get real about balancing its budget.
Or, RINO California Governor Arnold Schwarzenegger and the Democrat dominated California Legislature can explain to California voters why they have bankrupted the state.
Technorati Tags: California, Arnold Schwarzenegger
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Poll Watch: 41 Per Cent Support Legalization and Taxation of Marijuana
While 49 per cent say no in the latest Rasmussen Poll.Forty-one percent (41%) of likely U.S. voters think the United States should legalize and tax marijuana to help solve the nation’s fiscal problems.
However, nearly half (49%) oppose this idea, according to a new Rasmussen Reports national telephone survey.
These results show little difference from a survey conducted in February that asked Americans about legalization only. At that time, 40% said marijuana should be legalized, but 46% disagreed.
While little movement has been made on the federal level, cash-strapped states – most notably California – have taken the idea of legalizing and taxing the drug into consideration. Governor Arnold Schwarzenegger and state assemblymen are calling for a discussion on the proposal as a means to not only increase tax revenue for the state but to free up large sums of money invested in the legal system as a result of the War on Drugs.
California voters are evenly divided on the issue. A recent survey found that 45% support legalizing and taxing marijuana to help solve the state’s financial problems, while 46% are opposed to the idea.
A novel idea that pot could help California’s budget problems but it legalization and taxation will not occur anytime soon. In the meantime, California is racking up some serious budget deficits.
So, if anyone thinks marijuana will help California with its government financing operations, they are just blowing smoke.
Technorati Tags: Arnold Schwarzenegger, Marijuana
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Poll Watch: California Budget Propositions Failing – Opposition Rising
So says the latest Public Policy Institute of California poll on California May 19 Special Election Propositions.
- Proposition 1A: 52 percent no, 35 percent yes
- Proposition 1B: 47 percent no, 40 percent yes
- Proposition 1C: 58 percent no, 32 percent yes
- Proposition 1D: 45 percent no, 43 percent yes
- Proposition 1E: 48 percent no, 41 percent yes
- Proposition 1F: 73 percent yes, 24 percent no
The full report is here (PDF).
There is no surprise here.
California voters do not trust RINO Governor Arnold Schwarzenegger who has reneged on his no or low tax pledges that swept him into office. And, voters do not trust the Democrat dominated Legislature who never met a tax they did not like and who have spent the state into bankruptcy.
Governor Schwarzenegger now enjoys a 34 per cent approval rating and the California Legislature fairs more poorly with a approval rating of 12 per cent.
You can see the out of touch California and Ventura County Democratic Party positions on the failing propositions here.
Technorati Tags: California May 19 Special Election, Arnold Schwarzenegger
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California Governor Arnold Schwarzenegger Says it is “Time for Debate” on Legal Marijuana
Arnold Schwarzenegger before his political days smoking a joint
At least Arnold is consistent albeit wrong on the issue.Gov. Arnold Schwarzenegger said Tuesday it’s time for California to study whether to legalize and tax marijuana for recreational use, though he’s not yet advocating for such a change.
The governor was asked about a recent Field Poll showing that 56 percent of registered voters support legalizing and taxing marijuana to raise revenues for cash-strapped California. Assemblyman Tom Ammiano, D-San Francisco, has proposed legislation that would legalize the drug for recreational use, rather than just medical purposes.
“Well, I think it’s not time for that, but I think it’s time for a debate,” Schwarzenegger said. “I think all of those ideas of creating extra revenues, I’m always for an open debate on it. And I think we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect did it have on those countries?”
He said his native Austria is revisiting some of its marijuana laws, for instance. The Austrian Parliament last year authorized cultivation of medical marijuana.
“It could very well be that everyone is happy with that decision and then we could move to that,” Schwarzenegger said of other nations’ legalization policies. “If not, we shouldn’t do it. But just because of raising revenues … we have to be careful not to make mistakes at the same time.
Schwarzenegger previously has shown a casual attitude toward marijuana. He was filmed smoking a joint in the 1977 film, “Pumping Iron.” And he told the British version of GQ in 2007, “That is not a drug. It’s a leaf.” Spokesman Aaron McLear downplayed the governor’s comment as a joke at the time.For all intents and purposes, medical marijuana has already legalized “POT” in California. It takes very little effort to get “legal” marijuana in this state.
All Arnold is interested in is to increase state revenues through marijuana taxes to bail out his disasterous overspending budgets.
Technorati Tags: Arnold Schwarzenegger, Marijuana
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California Tea Party Political Action Committee Now Live – No on California Proposition 1A
A screen capture from the website
From the press release:Formed in the spirit of the Tea Party theme associated with the Tax Day Tea Party, the California Tea Party Political Action Committee seeks to aid in preventing the passage of legislation encouraging tax increases and promoting legislation that decreases taxes.
From the California Tea Party Political Action Committee Website (http://www.teapartypac.com):
“Just as the original Boston Tea Party was fueled by excess taxes imposed upon American Colonists, the 2009 Tea Party Tax Revolt is inspired by unfair taxes imposed by the United States and California Governments. American Citizens are fed up with the excessive taxation and spending proposed by the Obama Administration. Additionally, the residents of California are now subjected to the highest tax burden in the United States with the recent addition of $16 billion dollars of taxes imposed by the California Legislature and Governor Arnold Schwarzenegger.â€
“The California Tea Party PAC is a non-partisan organization that works to channel the energy of the grassroots anti-tax political movement and apply it to current California legislation and create real change in government. Funds raised by the group are used to fight tax increases, and promote conservative, pro-growth, limited government candidates and issues in California government regardless of political affiliation.â€
The California Tea Party Political Action Committee’s primary agenda is the defeat of Proposition 1A. Their goal is to raise funds through online contributions that will be used specifically to support the No on Proposition 1A Campaign.
California Residents are encouraged to make a $10, $50, $100 contribution or more at http://www.teapartypac.com/contribute to aid in the effort to defeat the $16 billion tax increase should Proposition 1A pass on the May 19, 2009 Special Election.
The California Tea Party Pac is on Twitter here and also on Facebook.
Go ahead and check it out. You will be glad you did.
Technorati Tags: California Tea Party PAC, California Proposition 1 A
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California GOP Congressman Devin Nunes Calls on Governor Arnold Schwarzenegger to Resign Over Water Policy
Rep. Devin Nunes is joined by Mayor Ortega of Tulare, CalTrans Regional Director Alan McCuen, and CHP Officer Mark Walker for the groundbreaking of the new K Street Off-Ramp Project
A bold move that unfortunately will NOT bear any fruit except build the political credibility of the Tulare area Congressman.Rep. Devin Nunes, a Tulare Republican, called on Gov. Arnold Schwarzenegger to resign Friday – not over taxes, but water.
Nunes said he was none too thrilled by Schwarzenegger’s speech Friday at the San Luis Reservoir outside Los Banos at a California March for Water rally. The governor spoke about his efforts to seek permanent solutions to the state’s water problems, including new dams and a conveyance that can transfer water around the Delta without harming endangered species.
Schwarzenegger led chants of “We need water! We need water!” He told the crowd he has been working on the problems for the last five years to “create a water infrastructure that is for 38 million people rather than 18 million people.”
But Nunes said he wanted to hear the governor promise to seek a federal waiver of the Endangered Species Act so Delta water pumps can transfer their full capacity of water to the San Joaquin Valley now. Environmental restrictions and drought conditions have curtailed water deliveries this year, and unemployment has approached 40 percent in some farming towns like Mendota.
Nunes said Schwarzenegger should resign because he has “utterly failed.”
“He’s had five, six years in office to figure this water situation out, and he hasn’t done it,” Nunes said by phone. “Then he shows up to the San Joaquin Valley today and says nothing. You’ve got to turn the pumps on in the Delta, and we have to go back to historic levels. This is not a drought like it’s being portrayed in the news. This is a man-made drought.”
But, Nunes is RIGHT. Schwarzenegger is a “FAILED” California Governor and his protection of the Delta Smelt is just another one of his environmental extremist positions that has crippled the business climate of the state.
Schwarzenegger has to go and not soon enough.
Technorati Tags: Arnold Schwarzenegger, Devin Nunes
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Over 1,000 Boisterous Protesters Attend Ventura County California Tax Day Tea Party
Over 1,000 people gathered at noon and protested during Ventura County Tax Day Tea Party at the Ventura Government Center.Here is Catherine Saillant’s, a reporter with the Los Angeles times, piece about the protest.
In Ventura, more than 1,000 people gathered under blue skies to vent wide-ranging concerns, from over-taxation and government spending to condemnation of a recent Homeland Security report tracking a rise in violence among right-wing groups.
Holding signs such as “Abolish the Federal Reserve,” and “We are Obummed Out, Stop Spending, No More Taxes,” the crowd was in a celebratory mood, loudly applauding each speaker and cheering as a small plane droned overhead pulling a banner that said “I’m Tea’d Off!!”
In an interesting note: I had not seen Catherine since 1994 or so when she used to interview me when I was an active participant in Ventura County GOP politics as an officeholder and candidate. I always found her to be a fair and balanced reporter.The Photos:
There were two groups of Tea Party attendees – one at the government center listening to speakers and the second on Victoria Avenue carrying their signs and soliciting honks from the passing motorists.
California Republican Assembly Candidate Jeff Gorell talking with Camarillo, California GOP City Councilman Mike Morgan
Jeff Gorell addressing the Tea Party Protest throng
Flap’s Twitter friend @erickbrockway
Twitter friend @pir8gold sporting her #TCOT Top Conservatives on Twitter T- Shirt
All of Flap’s photos from the event are here. All are subject to the Creative Commons License on Flickr, all rights reserved.
Technorati Tags: Ventura County Tea Party, Taxes, Jeff Gorell, Mike Morgan
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Photos: Ventura County California Tax Day Tea Party
I just returned from Ventura, California where I attended one of a couple of regional California Tax Day Tea Party protest events being held.
The Photos:
This PORKY protester greeted everyone passing to enter the Ventura County Government Center
There were many hand-made signs at this grassroots protest
A little California State Special Election politics was mixed into the day, Proposition 1A is a state tax increase measure
Future taxpayers attended the protest. After all, they are the ones who will pay for today’s government debt
Top Conservatives on Twitter was well represented at the Tea Party
Ok, more later in subsequent posts.
Technorati Tags: Ventura County Tea Party