The Bright Coast

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

CA Upholds Prop 8

Posted by brightcoast on May 26, 2009

This was the first/only article I could find, surprisingly. It’s upsetting, but probably the correct legaloutcome. Like I’ve said before, I think the problem is with the proposition system itself, which allows for a slim majority to take away rights of the minority. It’s particularly troublesome because the voluntariness of our election system allows for only those voters who are more marginalized on a particular issue to turn out in higher numbers–hence the “need” for such protections as the party primaries. I’m glad, though not surprised, that the existing marriages were upheld as valid, as this decision too seems to be the only legally correct one.

Now on to plan B?

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5 Responses to “CA Upholds Prop 8”

  1. Nick said

    What to do, what to do. Keep the proposition system but require a super-majority?

  2. You know i think this was one area where a healthy backbone from the court could have worked. I am a proponent of policy making or activism or whatever to guard civil rights and liberties from majorities. I understand the restraint arguments but i think this is a case, like Brown, where the court could have stepped in and protected the right in the face of public opposition. i get that that would be a huge risk in terms of institutional credibility but still…

  3. brightcoast said

    I think the major fight should (and will) take place in the SCOTUS, where they’ll examine the constitutionality under the U.S. Const. of having proposition measures like this that essentially violate the Equal Protection Clause. The fact that in any given scenario where a minority’s rights are at stake the popular majority can carve an “exception” out of our state constitution seems inherently wrong, if not unlawful. We shall see.

  4. Canadian Canada said

    Which other countries have SCOTUS’s?

  5. brightcoast said

    haha, point taken

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