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Gay Marriage: In striking it down it shall become more powerful than you can imagine
Since the other thread is past the 100 mark and was turning stupid I figure a new thread to discuss Marriage Equality and the recent decision by the California Supreme Court upholding Prop 8 is warranted. Also, Star Wars references are better than Mortal Kombat references.
Reporting from San Francisco -- The California Supreme Court today upheld Proposition 8's ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.
The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.
Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.
Justice Ronald M. George, writing for the majority, said Proposition 8 did "not entirely repeal or abrogate" same-sex couples' right to privacy and due process or the "constitutional right of same-sex couples to 'choose one's life partner and enter with that person into a committed, officially recognized, and protected family relationship.'
"Instead, the measure carves out a narrow and limited exception to these state constitutional rights."
In an allusion to the state's domestic partners law, George noted that Proposition 8 left undisturbed "all of the other extremely significant substantive aspects of a same-sex couple's state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection under the laws."
I don't really understand how a simple majority is allowed to "carve out a narrow exception to these state constitutional rights" and figure that this will be a major facet of any further legal challenge on the Federal side with regards to the 14th amendment right of Equal Protection under the Law. Of course that assumes Roberts grows a pair and actually accepts a case on the matter which isn't very likely. So worst case scenario is another referendum in California's insane Constitutional system of propositions with their god given right to go fishing &c. Given how close things were in '08 with a mere 3 point margin things look good. Particularly considering how horrible the Equal Rights Campaign side was at campaigning for equal rights. I mean, seriously, a hamster with downs syndrome could have come up with some better election strategies, not to mention commercials. Anyway, discuss.