Prop 8 Takes Course in the California Supreme Court

On Wednesday, November 19th, the California Supreme Court decided to hear the lawsuits challenging the legality of Proposition 8. Both sides of Proposition 8 gin up their ammunition for the legal face-off that will overshadow the fight for gay rights for years to come.

Although the State’s Supreme Court agreed to hear the case, they denied holding the implementation of Proposition 8 while proceedings are in action. This puts a lot of previously married gay couples in limbo. Still, many legal scholars believe that it is unlikely that the state’s high court will declare these marriages null due to the legal precedence concerning ex post facto laws and bills of attainder.

An ex post facto law is a law passed after an event or action that retrospectively changes the initial outcome or legal circumstances of the law. Strikingly, there was no mention regarding the condition of marriages before the passage of Proposition 8 in the lawsuits proposed to the California Supreme Court. Nonetheless, the court suggested that both sides prepare arguments concerning the issue.

The legal questions swirling around this case ask if Proposition 8 was an improper amendment to the state constitution and whether or not it hinders the ability of the court to protect the minority.

The opposition to Prop 8 declared that placing a measure on a ballot that takes away civil rights is repugnant to the state constitution. Furthermore, such an amendment would require two-thirds majority of the state legislature or a state constitutional convention to be placed on the ballot.

Supporters of Prop 8 argue that the provision was not a dramatic change to the state constitution; rather, it was a minor change that could be placed on the ballot by petition.

Never before has there been a measure placed on the ballot where voters supported a provision to strip away civil rights of a minority group. A Hastings College of Law professor, Donna Ryu, speaks out on the issue.

“Unlike other cases, this is a case where for the first time people have voted to single out one group of individuals entitled to the highest level of constitutional protection and taken away civil rights…It eviscerates the equal protection clause.”

But some conservative legal scholars argue that the court has no right to usurp the will of the people.

What is disturbing is the back lash that the court would receive from the supporters of Proposition 8 if it were overturned. A leading advocate against gay marriage, Randy Thomasson, warns of a “voter revolt” if the court were to overturn the passage of Prop 8. Regressing to the voter backlash that removed 3 Supreme Court justices after the death penalty was abolished in California.

Gay-marriage Advocates Rally at California Capitol

From Mercury News:

Thousands of gay rights supporters waved rainbow flags and homemade signs Saturday outside California’s Capitol to protest a voter-approved ban on gay marriage.

The protest was the latest of several demonstrations held around the country since Californians adopted Proposition 8, which amended the California Constitution to define marriage as between a man and a woman.

The initiative overruled a state Supreme Court ruling in May that briefly gave same-sex couples the right to marry.

The California Highway Patrol estimated that about 5,000 people gathered for the protest.

Many in the crowd held signs calling for equality and separation of church from state. Several banners targeted the Mormon church, whose members helped defeat the measure.

“If the ban on marriage equality was unconstitutional in May, the ban will also be unconstitutional when the Supreme Court makes its decision in January,” said incoming Senate President Pro Tem Darrell Steinberg, D-Sacramento.

Read the rest by clicking here.

Prop 8 Headed to California Supreme Court

The good news…the California Supreme Court voted 6 to 1 on Wednesday to review the legal challenges that have been brought fourth against the passage of Proposition 8, the voter initiative that restored a ban on same-sex marriage. The bad news…the court refused to permit gay weddings to resume pending a final decision.

According to sources at NPR, the hearing on the lawsuits challenging the validity of Prop 8 may take place as early as March. This is considered to be quick considering the complexity and importance of the legal issues.

The court’s action, taken during a closed conference, suggested that the court wants to resolve all of the legal issues surrounding Proposition 8, including the fate of existing gay marriages, in a single ruling.

It has also been indicated that at least one of the court’s seven members, Justice Carlos R. Moreno, may be leaning in towards overturning the measure. Moreno, who voted to end a state ban on same-sex marriage in May was the only justice to support granting a stay of the proposition.

Elton John Supports Civil Unions, Not Marriage

Elton John, spoke recently about proposition 8. Elton talked about how in December of 2005, that he and his partner David Furnish had tied the knot in a civil partnership ceremony in Windsor, England. Elton clarified their legal status saying:

“We’re not married. Let’s get that right. We have a civil partnership. What is wrong with Proposition 8 is that they went for marriage. Marriage is going to put a lot of people off, the word marriage.”

Elton made his comments on Tuesday at the annual benefit for the Elton John AIDS Foundation. Elton continued:

“I don’t want to be married. I’m very happy with a civil partnership. If gay people want to get married, or get together, they should have a civil partnership. The word ’marriage,’ I think, puts a lot of people off.”

“You get the same equal rights that we do when we have a civil partnership. Heterosexual people get married. We can have civil partnerships.”

Seven Arrested in Gay Marriage Protest

Seven people have been arrested during ongoing protests in Los Angeles and San Francisco against California’s passage of Prop 8, a ban on gay marriage.

LAPD Officer Jason Lee said the marchers were mostly peaceful in the demonstration against Proposition 8 that began Wednesday night in West Hollywood and continued into Thursday morning.

Four people were taken into custody at the intersection of Hollywood and Highland when they tried to cross a line of officers.

Two more protesters were arrested in West Hollywood for disturbing the peace and another for public drunkenness, according to Sheriff’s Sgt. Kristin Aloma.

She said that one deputy had minor injuries when he was hit by a car as he prepared to close an intersection before protesters arrived.

Demonstrators marched Wednesday night through West Hollywood, Hollywood and Santa Monica. Several stopped at busy intersections and blocked traffic, prompting police intervention.

An additional group of about 500 protesters gathered near CNN’s Los Angeles bureau, where they were seen banging on the doors and walls.

And it’s only just the beginning! Stonewall my *ss, this IS the second coming of Christ!

Next Page »