
What Will the Court Decide?
The Supreme Court just wrapped up the oral arguments in the cases against Proposition 8. During the 3-hour hearing justices put both sides through rigorous rounds of questioning regarding whether Proposition 8 constitutes a revision, rather than an amendment, to the state constitution. Although we won’t know the outcome of this case for weeks (the court has up to 90 days to rule), Prop 8 supporters may have some reason to be optimistic. Two crucial swing votes, Justice Joyce Kennard and Chief Justice Ronald George, were particularly pointed in their questioning about what constitutes a revision to the constitution and the definition of inalienable rights.
Proposition 8 supporters contend that a revision constitutes a fundamental, structural change to our form of government. Placing into the state constitution the traditional definition does not structurally change our form of government. Opponents to Proposition 8 counter that denying homosexuals the “fundamental right” to marriage (created by the court last year in overturning Proposition 22) does alter our form of government by denying them their equal rights. Unfortunately, the core issue in this whole same-sex… Read More