Thursday, March 5, 2009

California Supreme Court Weighs Arguments on Proposition 8

QUICK UPDATE– Today the California Supreme Court heard three hours of oral arguments from both sides of the debate. According to most reports, they are predicting that the court will uphold proposition 8 but also rule 18,000 same-sex marriages performed last year remain valid.

Here were the three main arguments the Supreme Court was hearing:

1) Does Proposition 8 amount to a violation of human rights or does it fall within the limits of people's power to change the state's Constitution?

2) Does Proposition 8 constitute an amendment or a revision of the state Constitution?

3) And, if Proposition 8 is upheld, how does it affect the 18,000 same-sex marriages performed in the 4 1/2 months prior to the November Election?

The state attorney's office had asked the court to invalidate the measure, on the ground that certain fundamental rights, including the right to marry, are inalienable, and cannot be put up for a popular vote. It was also charged that Proposition 8 is a revision to and not an amendment of the constitution. (Note: voters do not have power to make revisions)

Kenneth Starr, however, argued that Proposition 8 does not revise the constitution or allow a majority to take rights away from same-sex couples because it leaves intact California's domestic partner laws. He also argued that California voters have an inalienable right to amend the constitution.

The Court must make a ruling within 90 days.

Watch a news clip of what went on,

1 comment:

charkle said...

Gotta keep praying!!!!!!!!!!