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02/03/2009
Potential error correction gets date
We knew the Proposition 8 legal challenge would begin sometime in or around March. Now the California Supreme Court has made it official: The justices will hear oral arguments on Thursday, March 5, 2009.
California Supreme Court to Hear Oral Arguments in Prop 8 Legal Challenge on March 5 [NCLR]
Fall is migration and hibernation. Spring is redemption and rebirth.
So too, equality?
Your thoughts
My thoughts on how this verdict will end up is that either the amendment will be thrown out or all marriage in the state will be banned suspending all marriage licenses. You see this amendment conflicts with californias equal protection amendment. It states that all citizens have to be treated equally under the law. This amendment states the exact opposite in that opposite sex couples can marry but same-sex couples can't so most likely and I am also hoping that the justices see fit to ban all marriage until this amendment is repealed with another initiative. Boy will that make Californians as well as other americans pissed at not only Christian right Ideologues such as James Dobson but also the mormon church and the mormons who financed this proposition.
Posted by: adam kautz | Feb 3, 2009 7:23:12 PM
They allocated 1.5 hours to our side, 30 minutes to Jerry Brown (which is also mostly our side), and 1 hour to Kenneth Starr & Co. So, here we go again! I would be less than truthful to say that I have no trepidation. I think that truth, justice and even the rule of law are all on our side, but it is hard to gauge the mind of the court.
Part of me wants to believe that it is a slam dunk, due to the fact that this court has already ruled that we are a suspect class. Ultimately, it will probably come down to that, and whether they uphold that precedent - and I (personally) find it hard to believe that there is a single member of the court that would not uphold the precedent (whether they originally voted in favor of it or not).
Werdegar is a puzzle, and if this does come down to a split decision again, then she might be the "decider" (I love the dubya-isms). But, I haven't written her off. She may be of the opinion that this decision should have been rendered by a lower court, since the 'suspect classification' precedent does exist; stare decisis being the governing rule. Others have said that she likes to strictly adhere to procedural norms, which might dictate that the lower courts first hear the case. Either way, it is certainly possible that she is still siding with us.
This court surprised me last year, and hopefully they will pleasantly surprise us again this year.
Posted by: Dick Mills | Feb 3, 2009 9:14:01 PM
Actually, adam, I would have some trepidation about concluding that the ones who people will be angry at will be the religious right, should the whole "no marriages, period" thing happen. I mean, they just moved to make it illegal for the homos, it was the homos who went to court and fought and got it taken away for everyone...
Or so the propaganda will go.
Posted by: PSUdain | Feb 3, 2009 10:46:22 PM
I'm with you Dick, since they set the precedent of acknowledgment of suspect class status and that marriage is a fundamental right, they will have to invalidate Prop H8.
I didn't know if Jerry would get time, though since he filed he should.
I will be sure to listen/Watch? some say it will be on the net somewhere.
Posted by: LOrion | Feb 3, 2009 11:01:25 PM
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