Sponsored Content

Intermarkets' Privacy Policy

Donate to Ace of Spades HQ!

Recent Entries
Absent Friends
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info
Cutting The Cord And Email Security
Moron Meet-Ups

Village Voice Reviews Me (Yawn); I Review the Village Voice's James Wolcott | Main | Scandis Provide Prostitutes For Their Nursing Home Residents
April 16, 2008

Rumor: California Gay Marriage Ruling on the Way

A rumor has been bouncing around for a few days that a decision has been made in the consolidated gay marriage cases that were heard by the California Supreme Court last month. One person at the law school mentioned it and I read the same rumor online: the Court will strike down the Family Code provisions limiting marriage to a man and a woman.

At the time, I didn't think much of it. Rumors about impending decisions in important cases are common and usually based on little more than counting justices based on their prior holdings. (For example, in this case I've picked three against, three for, and one whom I can't figure out based on earlier cases, the way he acted at oral argument, ethnicity, and politics. A nice, safe bet!) But a writer at Huffington Post made some pretty specific claims today:

Sources wishing to remain anonymous in the California Court System indicate that the court, which has until June 2, 2008 to issue it's marriage ruling, is considering issuing it on Friday, May 23, 2008, with the decision being written by Chief Justice Ronald George. The Court is readying itself for a backlash that may follow the rumored and bold decision. There is talk that the Court will not simply strike down Proposition 22, but will move the State of California toward full marriage, if not even granting full marriage rights for gays and lesbians outright.

It's probably just a wild-assed guess. He's left himself hedge-room with that "is considering" language and it's unclear what he means when he writes that the court will not "simply strike down" the Family Code marriage definition (Prop 22). If the court rules in favor of gay marriage, it will be because the Family Code provisions are unconstitutional under state or federal equal protection or due process clauses. If the Court relies on the federal constitution, it will have essentially passed the buck to the federal courts. If the Court relies on the state constitution, the ruling might actually stick...for a while.

Marriage amendment petitions are very common in California (there have been 13 separate attempts since I moved here). They don't usually get very far, but pro-gay marriage cases have a tendency to create strong backlash and not just against gay marriage. Several marriage amendment petitions are in the works right now, including one that would also forbid domestic partnerships. Virginia did the same thing in 2006 when voters adopted an amendment banning legal recognition of relationships which "approximate the design, qualities, significance, or effects of marriage." For many, it isn't just a struggle over the word "marriage."

And, of course, it's an election year. Gay marriage was much discussed on the campaign trail in 2004, but people are still arguing about how much the presence of marriage amendments on the ballot affected the presidential race. McCain, Clinton, and Obama have all announced that the question should be left up to the states, so it's not clear that any candidate would get a bump from a pro-gay marriage ruling. McCain could possibly separate himself from the pack by picking a running mate who is firmly pro-traditional marriage.

digg this
posted by Gabriel Malor at 02:55 AM

| Access Comments

Recent Comments
Eric2: "I used to be a neocon. Then I noticed that neocons ..."

Mike Hammer, etc., etc.: "Meanwhile: "The ACLU blasted the Anti-Defamation ..."

Anonosaurus Wrecks, Abandon All Hope Ye Who Enter Here [/s] [/b] [/i]: "Joe Biden a miracle worker! Planned Parenthood ..."

Alberta Oil Peon: "who TF is this guy Posted by: Don Black at Decemb ..."

Count de Monet: "Kenneth Roth @KenRoth Given the modest Hamas pre ..."

mindful webworker - automatically z: "old chick: [i]Stuck On Stupid and I think he named ..."

Former Mass Resident: "So, which one of the presidential candidates is go ..."

Don Black: ">Kenneth Roth @KenRoth --- who TF is thi ..."

Catch Thirty-Thr33: "246 If something like Pearl Harbor happened today ..."

Anonosaurus Wrecks, Abandon All Hope Ye Who Enter Here [/s] [/b] [/i]: "Kenneth Roth @KenRoth Given the modest Hamas pre ..."

Lone Watie, Endeaver to Persevere!: "If something like Pearl Harbor happened today Amer ..."

Catch Thirty-Thr33: "260 More detail. In January 2022, James was cha ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64