Arguments To Be Heard in CA Marriage Case (Prop H8)

[furrbear]

This is the week -- Thursday, March 5th -- that the California Supreme Court will hear arguments in the Proposition 8 case. The best summary of how-we-got-here and what-might-happen-next was in Sunday's Los Angeles Times ... a commentary entitled "Gay Marriage on Trial" ... and you'll want to read it all here ... but here's the intro:

The argument in the courtroom will be broad and abstract. Who makes law in a democracy? What should we do when laws contradict one another? Who is the ultimate sovereign in the state of California -- the people at the polls or their written Constitution or their appointed judges or their elected legislators? Can fundamental constitutional rights -- inalienable rights -- be withdrawn from one group but not another? These are big, thorny questions with implications that go well beyond whether gays are allowed to marry. What follows is a cheater's guide to the issues at hand. (See the link above!)

Meanwhile, if you're actually interested in following the arguments yourself, the California Supreme Court has a webpage set up for that -- check it out. And stay tuned. Likely to be a busy week on the left coast! Court watchers will be picking over the justice's questions hoping to devine some leanings toward a decision (Due 90 days after oral arguments).

Comments

[b-a-n-d-i-t.livejournal.com]

*keeping fingers crossed*

[furr-a-bruin.livejournal.com]

Frankly - I think Jerry Brown has an excellent point. The US Constitution recognizes "inalienable" rights - not "inalienable unless a particular minority really makes us queasy". Of course, I'm not a lawyer.

To me, what it boils down to is that the Pro-8ers are squalling over having their sensibilities offended, the Anti-8ers are at risk of losing concrete, important personal rights. In that light, there's absolutely no question as to which way this should go.

[jkusters]

This would *so* not be a question if the right of Asian people to get married had been voted away... Or Black people, or left-handed people, and so on and so forth. But gay people? Still on the list of acceptable prejudices.

[cuboz.livejournal.com]

As Dustin Black's speech at the Academy Awards went, Gay Marriage WILL one day be a reality....

And I sure hope it's some time soon....and I know that Australia will probably follow America's lead, once it's done! :-)

*hugs*

[joebehrsandiego.livejournal.com]

Great news.

You might be interested in this "sidebar" discussion, which aired tonight on "The Story" (excellent NPR show).

http://thestory.org/

[shirtlifterbear.livejournal.com]

*fingers crossed*

I'm so hopeful that the Court rules in our favor, and furthermore that it positively fulfills the truism "As goes California, so goes the nation!"