Thanks to Meredith Turney for her brief post on the great decision today from the California Supreme Court upholding Proposition 8. Per an early a.m. exchange with our esteemed publisher, I will throw in a few lines of legal mumbo jumbo to fill-out the analysis of today’s solid legal victory for the sanctity of marriage in California.
First of all, kudos to Senate Republican Leader Dennis Hollingsworth for being an Intervener in the case. This is a victory for Dennis too and thank you for sticking your neck out, Senator!!! Also, as a Pepperdine Law alum, I must mention our main man, the Honorable Ken Starr, Dean of Pepperdine Law School, who appeared for the Interveners. High-five to Jim Sweeney, a great lawyer in Sacramento, who assisted. And the CA Attorney General’s office, who had to represent the good guys. And apparently did a good job.
A sad face goes to the National Center for Lesbian Rights which lost the case. (Aren’t they involved in the Jeff Miller recall?).
The decision of the Supreme Court today essentially overturns a prior decision of the majority of the California Supreme Court that same-sex couples enjoy the right to marry. In re Marriage (2008) 43 Cal.4th 757. But Proposition 8 changed that decision.
There is a lot of breast-beating in the published opinion. "Regardless of our views as individuals on this policy question" starts one of the sentences. There were several obscure secondary opinions offered after the 136 page decision rendered by the Court and written by the Chief Justice, but the legal bottom line was this: "Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional rule embodied in the measure, it must ‘find its expression at the ballot box.’"
Sadly, but probably the best legal route, same-sex marriages performed prior to the effective date of Proposition 8 were ruled legal. Thus, in future, "Divorce Court" will only see a rare number of such same-sex break-ups, which occur in statistically higher frequency than opposite sex divorces.