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.

Things to Read, Watch & Listen

The Cost of Adoption in Australia

In this video, Accredited Family Law Specialist and Multi-Award Winning Lawyer, Stephen Page reveals the cost of adoption in Australia.

The Basics of Adoption in Australia

In this video, Award-Winning and Accredited Family Law Specialist, Stephen Page explores the basics of adoption in Australia.

Queensland ART Submission

Dear Reader I welcome the opportunity, albeit very tightly proscribed, in which to make a submission as to the proposed regulation of ART services in Queensland. RESPONSES TO QUESTIONS IN THE CONSULTATION PAPER If ART legislation is introduced in Queensland, what should the Act’s guiding principles be? Response: The paramount concern should be that of… Read More »Queensland ART Submission

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board