California: Looks like Prop 8 will be upheld

California: Looks like Prop 8 will be upheld

Having had the benefit of watching the oral arguments in the California Supreme Court in the challenge to Proposition 8, the amendment to the California constitution banning same sex marriage, it seems pretty clear to me that the California Supreme Court is likely to uphold Proposition 8, as being a fundamental right of the people to overturn decisions of the courts.

Chief Justice George and Justice Kennard , two of the majority of 4-3 in the California Marriage Case, which upheld the right to marry as a fundamental right in California, hinted strongly that Proposition 8 should be upheld. Justice Kennard suggested as to the argument that the majority should of course uphold the invalidity of Proposition 8, because of the earlier decision of the California marriage case: “I don’t see it that way”.

Justice Kennard, who repeatedly made reference to the “14 words” of Proposition 8, seemed to question whether Proposition 8 invalidated the 18,000 same sex marriages that occurred between the decision int he California Marriage Case and the passing of Proposition 8.

It seems that the commentary of most observers is the same as mine.

Warning: the video of the coverage is very long (over 3 hours), and there is a 15 minute blurb at the beginning about the California Supreme Court.

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