The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

All Eyes on San Francisco

Posted by brightcoast on March 5, 2009

Oral arguments begin today before the California Supreme Court to determine whether prop 8 should be upheld. A pretty good article can be found here (I was quite surprised to be unable to find anything on NYtimes.com after a cursory look).  The main legal contention turns on whether the proposition is an amendment, and thus constitutionally permissible, or a revision, and thus requires a Constitutional Convention. The Court will also decide the status of the couples who married during the time that gay marriage was legal under California law, i.e. whether they remain valid or whether prop 8 renders them moot.

I am most interested to hear what the Court thinks of the argument that voters cannot eliminate fundamental rights. The entire purpose of a standing constitution seems to be that majorities cannot take away the rights of minorities whether by electoral or legislative means. The fact that the vote was so close is only further evidence of the imprudence of deciding such fundamental rights in this manner.

I might also add that as a certified wedding officiant, I would be happy to celebrate the overturning of prop 8 with a flurry of marriage ceremonies. San Diego Love Fest 2009.

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