ę The APís Faux Fauxtography Outrage | Main | Some Justice For Staff Sgt. Matt Maupin Ľ
November 20, 2008

California Supreme Court Agrees To Hear Challenge To Prop 8

The voters have spoken but as we know laws and initiatives passed by the people or their elected representatives are really just first drafts. Nothing is final until the judges have their say.

Gay rights advocates argue that the measure was a constitutional revision, instead of a more limited amendment. A revision of the state Constitution can be placed before the voters only by a two-thirds vote of the Legislature or a constitutional convention. Proposition 8 reached the ballot after a signature drive.

In addition to asking for more written arguments on the revision question and the status of existing marriages, the court told lawyers to address whether Proposition 8 violated the separation of powers doctrine under the California Constitution.

Gay rights lawyers have argued that the measure took away the ability of California's courts to ensure equal protection for minorities who have historically suffered discrimination.

The lawsuits also contend that the initiative was a constitutional revision because it denied equal protection to a minority group and eviscerated a key constitutional guarantee. Supporters of Proposition 8 counter that it merely amended the Constitution by restoring a traditional definition of marriage.

The court's previous rulings on similar lawsuits have been mixed. The court has upheld at least six initiatives and rejected only two that were challenged as illegal revisions.

Eugene Volokh takes a look at the 'revision' v. 'amendment' question and thinks that Prop 8 should survive the challenge on that issue at least. Of course that presupposes a willingness of the judges to look at the law and not simply impose their previously expressed opinions.

Arguments will be in March and possibly giving some hope to supporters, the court refused to issue a stay meaning Prop 8's ban on same sex marriages will stand until the court issues its decision.


digg this
posted by DrewM. at 12:00 PM

| Access Comments




Recent Comments
mildly citrusy: ""There are fairly recent cases wherein 'good faith ..."

CN: "265 "Just re-reading Theodore Dalrymple's "Life at ..."

rhomboid: "Gun thread! Thanks MisHum. First one I haven't m ..."

Stringer Davis [/i]]/b]: ""Dixie Taint!" wbagnfarb. And a reminder, the CMP ..."

hogmartin: "[i]There is nothing new in those CMP rules. Same r ..."

The Barrel: "So hungry for cob-loggers. ..."

Stringer Davis [/i]]/b]: "There is nothing new in those CMP rules. Same regs ..."

[/b][/i][/s]Muldoon: " E-book or Paper - a limerick To read in your ..."

Hands: "They told me if Net Neutrality were struck down, t ..."

Slapweasel, (Cold1), ([b]T[/b]) [/i] [/b] [/u] [/s]: "*NOOD!* ..."

Deplorable Jay Guevara [/i][/b][/s]: "[i]The prima donna behaviours on the side lines, h ..."

[/s]Hands: "test ..."

Recent Entries
Search


MuNuvians
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)
News/Chat
Archives
Powered by
Movable Type 2.64