AM Alert: Can Proposition 8 backers defend it in court?

SacBee: Capitol Alert ^ | 9/6/11 | Micaela Massimino

[SmithL]

The California Supreme Court's newest justice, Goodwin Liu, hits the ground running this morning with a high-profile issue: Proposition 8.

The high court is hearing oral arguments in San Francisco on whether state law gives sponsors of the same-sex marriage ban the right to defend it in a case now pending before a federal appellate court.

U.S. District Judge Vaughn Walker of San Francisco struck down the voter-approved measure last year as unconstitutional. State officials, including Gov. Jerry Brown and Attorney General Kamala Harris, have declined to appeal. Another federal judge has since rejected the proponents' argument that Walker's decision should be overturned because he didn't disclose that he is gay and in a long-term relationship.

[SmithL]

The fix is in. So much for the will of the people.

[newzjunkey]

The fix is in. So much for the will of the people.

Of course. Don't like the way the People vote? Wait for your special interest allies to sue and then refuse to defend the law.

Look at how bad this is: a man who refused to defend a law voted in by a strong majority when Attorney General was punished by those same voters by being elected to the Governor's office.

[Kanrok]

From the article: “Liu became controversial as President Barack Obama’s nominee to the 9th U.S. Circuit Court of Appeals, criticized by conservatives for advocating for affirmative action and gay marriage, among other causes.”

Hmmm...I wonder which way he’ll vote?

You are absolutely correct when you say the fix is in.

[edcoil]

How do the people, change the Constitution?

We thought we did it right with Prop 22, we were told what to do by the court for Prop 8 and now we are told what? That the people cannot change the Constitution?

[fifedom]

I heard on the radio that the Prop 8 proponents did not put in a clause to give them standing in the court if the state office holders do not defend it. I am surprise by this. After all,this is the way Gray Davis killed Prop 187. If I know that, they should have known it. I always thought that Pete Wilson left that backdoor in the Prop 187 just for that purpose. He sure as h*ll did not do anything to force the rogue judge Mariana Pfaelzer from unfreezing it. She refused to issue a ruling until Wilson's term had ended

That being said, I hope the Supremes take the case anyway. They know they have to rule on this even if the 9th Circus refuses to overturn Walker's decision. Then the result will depend on how Supreme Anthony Kennedy feels on the day they vote.

[fwdude]

I had a disturbing thought with this upcoming hearing on Prop 8 standing. What if Prop 8 proponent prevail through the Supreme Court? What then? Can we expect a state government that is inimical to the precepts protected in the State Constitution regarding marriage to really uphold it? I can see marriage dying by a thousand cuts anyway with the repeated, incessant attacks by the Left. Domestic Partnerships are already the same thing materially anyway. They will just be given preference to true marriage, out of spite.