
Re: Prop 8 discussion thread: Yes 52% [court in session]
Groucho wrote:
This is a lose / lose situation for the court, really, because they could be completely in favor of gay marriage and have to rule against it for legal grounds, because the law wasn't passed in a specific way (or vice versa for that matter). No matter what they decide, someone will be really unhappy.
Had some interesting discussion on the issue. I'm not a lawyer so I don't know all the specifics but from my interpretation/reading I'm in agreement that this really was "lose/lose".
If they were to strike it down, wouldn't they essentially be saying that the initiative process is not good and thus is subject to a panel of judges, which is what the initiative process sought to provide a solution to? I'm not sure if that was worded properly.
Has there every been any precedence of a state SC overrulling a constitutional amendment? Whether or not I agree with the proposition, the fact is that it was passed fairly, and the best way to overturn it is through another initiative.
And then they did allow the existing marriages to stand, because they were legal (and voiding them would have been one hell of a mess for the county clerk's offices). But now what happens if they want to get divorced? Can they get divorced? Eeek, complicated.
Anyway, I'm disappointed that in 2009 we still don't have full equality (and I'm not referring just to gay rights, this is a broad statement). I'm disappointed that people still have to go out and "protest this crap" as one of my favorite signs said. I certainly would like to be seen as an "equal citizen", so that is where my disappointment lies but then it is hard to say I would want the SC to overrule the will of the people ... I don't know if I'm making any sense here, I'm totally conflicted.