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Posted by on May 26, 2009 in Politics | 2 comments

Up Next, Court Ruling in CA

With the Sonia Sotomayor pick set to be announced, now we wait for the California Supremes’ decision on Prop 8. The Los Angeles Times has a Q&A on the latter:

The state’s top court will rule on whether to uphold or strike down Proposition 8, a constitutional amendment banning same-sex marriage. The justices will also decide whether the state will continue to recognize the estimated 18,000 same-sex marriages carried out in 2008.

I’ll be most interested to watch how these two stories intersect.

Jeralyn has a round-up of Prop 8 stories. Dana Rudolph quotes California Chief Justice Ronald George, in his opinion on marriage equality filed May 15, 2008:

“Affording same-sex couples access only to the separate institution of domestic partnership, and denying such couples access to the established institution of marriage, properly must be viewed as impinging upon the right of those couples to have their family relationship accorded respect and dignity equal to that accorded the family relationship of opposite-sex couples.”

The NYTimes’ quotes an earthquake prediction:

“The 18,000 marriages will be evidence that California is not going to fall apart if gay people get married,” Mr. Lok said. “It’s not like there’s not going to be an earthquake.”

Law Dork expects everyone to be displeased:

One way or the other, though, people are not going to be happy at 10:05 a.m. Pacific Time.  It’s even possible that both groups will be unhappy, if the court determines that Proposition 8 was a valid enactment and has become a part of California’s Constitution but that the marriages of the 18,000 lesbian and gay couples who married between the court’s marriage ruling and the Proposition 8 vote remain valid.

He counsels hope for those of us who favor marriage equality:

Momentum is on our side, and today’s decision could provide us with a great opportunity.  It is not, however, the opportunity to bash the court or otherwise misplace our anger about the slowness of our path to equality.  The opportunity will be to organize, to educate and continue to expand equality across the country.

We likely will feel injured, once again, today if the court upholds Proposition 8.  But, rather than some inchoate anger at the court, I actually believe the injury we will be feeling is the renewed focus on the hurtful vote of last November.

Pam Spaulding concurs.

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  • Silhouette

    Upholding Prop 8 and still allowing the original marriages to stand is the same as striking 8 down without appearing to. With many couples having set a precident, there will be no legal recourse to deny future ones seeking marriage. You cannot arbitrarily allow some people to enjoy a privilege while not allowing others just because of a scheduling issue.

    Human nature suggests the Justices will look for this loophole out of having to actually, definitively decide and take the inevitable heat. How I hope I’m wrong either way. There is no greater bastardization of justice than judges waffling due to personal political agendas..nothing more maddening…

  • shannonlee

    Hey Sil, in California, all decisions are based on personal political agendas. That is why my state is in such trouble right now.

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