Guvernator: Prop (H)8 May Violate US Constitution

[furrbear]

As reported in today's L.A. Times ...

Gov. Arnold Schwarzenegger today told a federal court in San Francisco that the state does not dispute that Proposition 8 may violate the federal Constitution and called for quick action to resolve the legality of the ant-gay measure law.

“Plaintiffs’ complaint presents important constitutional questions that require and warrant judicial determination," the governor said in a written response to a federal challenge of the anti-gay marriage ballot measure.

" In a constitutional democracy, it is the role of the courts to determine and resolve such questions. … The administration encourages the court to resolve the merits of this action expeditiously.”

U.S. District Judge Vaughn Walker has scheduled a July 2 hearing on arguments whether Proposition 8 should be blocked pending a trial on its constitutionality.

The state has opposed an injunction on the grounds that it could create legal chaos if the measure is eventually upheld. The federal lawsuit was filed shortly before the California Supreme Court rejected challenges to the measure on state constitutional grounds. Atty. Gen. Jerry Brown has argued that Proposition 8 violates the 14th Amendment of the U.S. Constitution.

He also argued unsuccessfully in state court that the measure violated the California Constitution.

"We are extremely pleased Gov. Schwarzenegger does not dispute the unconstitutionality of Proposition 8 and agrees that swift action is needed to ensure that every person is treated equally under the law,” said Chad Griffin, president of a group formed to back the federal challenge.

Comments

[hwynym.livejournal.com]

If you had asked me a year ago if I thought that a Democratic President would support anti-GLBT legislation while a Republican opposes it, I would have told you that you were off your rocker...

[furrbear.livejournal.com]

Maria has had a good effect on him.

[scottrossi.livejournal.com]

RINO

[furrbear.livejournal.com]

Especially when one considers the rather Wing-Nutty state of the Republican party in S.CA.

[musikub.livejournal.com]

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

How the federal courts interpret this in relation to marriage should be interesting and could have national consequences.

[teddyb.livejournal.com]

Arnie surprises me from time to time, and this stand really knocked me over.

[scottrossi.livejournal.com]

so this is why there was the motorcade while i was at the farmer's market! people were like 'OMG THE PRESIDENT IS HERE'

[cipherpunk.livejournal.com]

What the Governator is arguing is, in effect, that Federalism is utterly dead and that states have no right to enact their own family law. For 200 years marriages, divorces and adoptions have all been up to the States to determine, as is proper and just under the Tenth Amendment and the Enumerated Powers.

What the Governator is doing is arguing that the right to marry is a priori a federal issue involving due process at the federal level.

I argued against DOMA on the grounds that the Constitution is our charter of government. It is not a family law document. And the flip side of it is true, too: even when the need for marriage equality is argued, the Constitution is still not a family law document.

And frankly, I'm quite happy with it that way.