Posted by Meredith Turney at 12:00 am on Mar 05, 2009 2 Comments
The Supreme Court just wrapped up the oral arguments in the
cases against Proposition 8. During the 3-hour hearing justices put
both sides through rigorous rounds of questioning regarding whether
Proposition 8 constitutes a revision, rather than an amendment, to
the state constitution. Although we won’t know the outcome of this
case for weeks (the court has up to 90 days to rule), Prop 8
supporters may have some reason to be optimistic. Two crucial swing
votes, Justice Joyce Kennard and Chief Justice Ronald George, were
particularly pointed in their questioning about what constitutes a
revision to the constitution and the definition of inalienable
rights.
Proposition 8 supporters contend that a revision constitutes a
fundamental, structural change to our form of government. Placing
into the state constitution the traditional definition does not
structurally change our form of government. Opponents to
Proposition 8 counter that denying homosexuals the “fundamental
right” to marriage (created by the court last year in overturning
Proposition 22) does alter our form of government by denying them
their equal rights. Unfortunately, the core issue in this whole
same-sex… Read More