Fisking the Prop 8 trial arguments

Ed Meese does an excellent job in the the NYTs Sunday of outlining what the Prop 8 ‘gay marriage’ trail is really all about – hint: it’s not really about marriage ‘rights’ but about whether courts can dismissively subvert the will of the people and whether the state can define marriage at all.

A few things are certain; the California court is of the kangaroo variety, where the judge has made it clear he is neither fair nor impartial – no surprise considering the location (San Francisco) and the fact that Federal District 9 courts are notoriously liberal, in a fascistic sort of way.

The reality is this will almost certainly make its way to the Supreme Court. The good news is the basis for the case (the ‘intention’ of the Prop 8 supporters) is a very weak basis for overturning an election. The bad news is, it wouldn’t be the first time the Supreme Court has accepted a weak legal theory to advance a activist agenda (see: Roe v Wade)

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One Response to Fisking the Prop 8 trial arguments

  1. jackhudson says:

    The SC overturned a part of the Colorado constitution that banned any municipality or level of government from seeking to add homosexuals as a protected class (Romer v. Evans) on the basis that the intention was to single out a particular group. Intention has long been an important factor in court decisions, not just in Colorado but in voting rights laws, and probably will be in this present instance.

    No doubt suddenly causing you to become a big fan of stare decisis.

    Nonetheless, while Romer certainly plays into this use by the courts, the claim is that the Colorado amendment was broad denial of rights for a specific class of people, whom were specifically recognized.

    Prop 8 however merely states that, “Only marriage between a man and a woman is valid or recognized in California” – which imposes a specific definition of marriage not a broad denial of rights.

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