Skip to comments.Another wave of legal arguments filed over California's Proposition 8
Posted on 01/05/2009 4:36:33 PM PST by SmithL
Another wave of legal arguments hit the California Supreme Court on Monday in the battle over Proposition 8's ban on same-sex marriage.
Local governments, led by San Francisco and Santa Clara County, filed their latest opposition papers to Proposition 8, describing the voter-approved initiative as a "dark moment'' in California history. The brief is an attempt to refute the legal arguments of Proposition 8 backers as the Supreme Court weighs a challenge from government officials, civil rights groups and same-sex couples who are seeking the right to marry.
The San Francisco brief sides with the unique argument raised in December by Attorney General Jerry Brown, who argues that voters did not have the authority to strip away a fundamental constitutional right when they approved Proposition 8 in November. Brown, who ordinarily would be forced to defend state law, argued in his December brief that the state Supreme Court's decision last spring striking down California's prior gay marriage ban established that fundamental right to marry.
Proposition 8 supporters, represented by former Whitewater prosecutor and Pepperdine law school dean Kenneth Starr, also responded with fresh legal arguments today, calling Brown's argument an attempt to "declare a constitutional revolution.''
"The attorney general's theory would fundamentally alter the role of the California judiciary,'' Prop 8 backers wrote. "It would, in brief, constitute the California judiciary as the supreme overseer of the people's use of their constitution-making power.''
A series of lawsuits was filed shortly after the election, challenging Proposition 8 as an invalid method of amending the California constitution. Proposition 8 supporters insist the law is valid, and that the Supreme Court does not have the right to topple the will of the voters.
(Excerpt) Read more at mercurynews.com ...
your constituion is un-constitiutional.... all your marriage rights, money, churches, Mazda Miada, cordorouy, and fishnet hose are now belong to us.
These liberals just won’t give up! The PEOPLE have spoken! GET OVER IT and move on!
Liberals are the most intolerant people on the face of the earth. They are only tolerant if you agree with them.
highly subjective... depends on self-interest
They lost. Move on Californians who are disappointed.
I haven’t followed this too closely. What percentage of voters chose to enact this proposition 8? Just curious.
A dark moment in liberal intimidation. They are having a huge temper tantrum over this ... they know that if they can turn Cali, they can turn the nation, but if they cant turn Cali, then gay marriage is a pipedream.
Legalities? What the people want? Screw that, this is about the agenda above all else. The ends justify the means to them, and they will pervert the constitution itself to win this battle.
pssst...I know of a loophole in the Prop 8 Law, all the homos need to do is call it something else. The marriage wording is all that was voted on. Not only are they wired wrong they are a little slow too. Sore losers!
What Jerry Brown is doing is despicable.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.