19
Nov
08

From the streets to the courts

supremeSome coverage here and also here on how the California Supreme Court might look at the pending cases trying to overturn Prop 8. It basically comes down to their interpretation of whether taking away someone’s right to marry is a “revision” (harder to do) as opposed to an “amendment” (get it on the ballot and convince 50 percent plus one voter they are for it).

Lambda Legal said the following in their writ petition:

“If permitted to stand, Proposition 8 would strike directly at the foundational constitutional principle of equal protection in a manner that far transcends constitutional principle of equal protection in a manner that far transcends immediate impact on a particular group, by establishing that an unpopular group may be selectively stripped of fundamental rights by a majority of voters.”

 

The legal advocacy group Liberty Counsel filed a preliminary opposition rejecting Lambda Legal’s claims. An excerpt:

“Petitioners also claim that Proposition 8 turns equal protection “on its head.” Again, since the amendment merely sets forth a long-established definition of a universal social institution, there is no diminution in fundamental rights that are similarly long-established.”

Get ready for months, if not years, of legal battles…

 

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