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Friday, March 6, 2009

CA Supreme Court deciding Prop 8: We're waiting, now what?

In scanning the gay blogs this morning, Queerty had a great write-up on what happened yesterday in the California Supreme Court (Oral arguments were held regarding the invalidity of Prop 8) and what might happen next. If you're still not sure what yesterday was all about or the direction we're heading or how we're even speculating about how they might make their decision, check out Queerty's take:
So, how'd we do? Short answer: It appears Prop. 8 will be upheld. The longer answer, however, is more interesting...

...One option would be Justice Chin's—to get California "out of the marriage business" altogether. Another would be to revise the ballot initiative process to explicitly state that an initiative that changes the rights of a suspect class ought to be considered a revision. The question is whether the court will suggest a remedy or order one. This really has more to do with the California constitution than it does with gay rights, to be honest. The justices are essentially throwing up their hand and saying, "Yes, this is a totally stupid and wrong thing for the voters of California to do, but the way the constitution is written, we can't do anything about it." The attorneys supporting gays and lesbians strenuously argued that they in fact, have the authority to do what they want, that while the will of the people is important, the people also willed the court to have authority over it from time to time.

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