The California Supreme Court has announced it will consider the cases opposing Prop 8, but will not stay its enforcement in the meantime. According to Court spokesperson Lynn Holton, the parties are being asked to submit legal briefs on three issues:
- Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?
- Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?
- If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
This is an extremely positive decision for the No-on-Prop-8 side, because the Court could, and should, come to the same conclusion it did in May that, Prop 8 aside, denying a single class of citizens a fundamental right is unconstitutional. However, the Court has a mixed record in its rulings on similar suits: it has upheld six and rejected only two as illegal revisions.
True to form, Randy Thomasson of the Campaign for (some) Children and (some) Families threw a hissy fit saying, “It’s unfortunate that the judges are giving time to the mushy, subjective arguments of homosexual activists who reject the clear reading of the constitution and the clear reading of Proposition 8.”Â
Thomasson then threatened the Court with a “voter revolt” if things don’t go his way.
In a press release following the Court’s decision Thomasson said, “If Prop. 8 doesn’t stand, then our constitution doesn’t mean anything, the people’s vote doesn’t mean anything, marriage has been utterly disrespected, and judges lied when they swore to uphold the constitution. Prop. 8 must stand, because the constitution is above the judges, not the other way around.”
Protect Marriage’s General Counsel, Andy Pugno, on the other hand feigned a little happy-dance saying, ”This is a great day for the rule of law and the voters of California. This order means that voters will get their day in court and ensures that voters will have a vigorous defense of Proposition 8 before the California Supreme Court. We are profoundly gratified with the Court’s order and are confident that Proposition 8 will be upheld.”
And if it’s not, according to Pugno, ”no one would be able to stop” the recall of the Supreme Court Justices.
And these people are admonishing the supporters of marriage equality for not making nice in the sand box? For more about the Yes-on-8 side’s threatened recall effort, read my post from this morning, The crocodile in the bathtub.
Here’s more about the Supreme Court’s decision to consider Prop 8:
- Prop. 8 gay marriage ban goes to Supreme Court
- State Supreme Court to hear challenges to Prop. 8
- Supreme Court takes up gay marriage issue
UPDATE: (11-20, 10:50 am) Jeremy over at Good As You brilliantly takes on Randy Thomasson’s response to the Supreme Court’s decision line-by-line.
Click for Printable Version
Thomasson is an ass. Popular vote was in favor for segregation in schools, not to mention against interracial marriage.
He needs to shut up about popular vote because obviously, the Presidential candidate that gets the MOST votes doesn’t necessarily mean they win.
That’s especially true, Migs, when the popular vote was bought and paid for by anti-gay religious forces outside the state of California which, as has been revealed recently in secret Mormon memos, were part of an 11-year-long conspiracy to squash marriage equality.
The H8ers, who just last week were sorrowfully lamenting the “outing” and subsequent voluntary resignation of a pro-H8 musical theater director, are now poised to launch a statewide effort to have more than half of the California Supreme Court lynched by popular vote.
Their hypocrisy would be laughable if justice and equality for all California citizens were not at stake.
The leftwing white authoritarian freaks, have perverted equality like everything they touch. If Democratic conservative voters all have to turn Republican they will to shut up these White Racist, extremist hypocrits who never have and never will want equality only their precious white priviledge, is all they ever demanded, and this is why they will loose it in the worst way, at their own hands!
The voters have a waken, the mormons are recruiting hispanics at a higher rate then whites and Black, so be prepared to fight the whole South America, you liberality wanted in America, they believe in traditional marriage, and many are Catholic and mormons, and turn 18 at the rate of 50,000 per month. If Blacks voted against gay Marriage, it was only to back the white Evangelicals value voters and the Hispanics, who by far outnumber Blacks. But Black Blame, and Black Shame, is all freaks have who have oppressed Blacks so much, they think Blacks are not entitled to a choice, vote or opinion, unless the White lefty extremist give them permission.
white left extremist are clueless, they are like talking and reasoning with Neanderthals who have not learned comprehension!
Ma’am, there have been a total of two comments (out of hundreds) on this blog that have said, “Blame the blacks for Prop 8.”
Both came from self-identified, and presumably white, heterosexual, Mormons.
Marlene – amen, sister!
If we don’t tear down the white, liberal extremists, they will continue to oppress the black man and we’ll never have a black President!
oh, wait…