And that just ain't right.
Prop 8 is headed back to the courts with some very powerful lawyers gunning for its defeat.
Jerry Brown undoubtedly has the weirdest and most uncomfortable position (ref).
The comfortable position is that he gets to defend my marriage (and the 18,000 other ones) as still valid since they were done during a time when they were legal.
The uncomfortable one (that I know he must just totally hate) is that he has to be the unlucky one to defend Prop 8 from the legal challenges filed by city attorneys from SF, Santa Clara, and Los Angeles, who are claiming that Prop 8 is so far reaching that it can not be a simple amendment, but instead a constitutional revision which takes 2/3 of the legislature and is far harder to obtain. Let's hope that Brown chooses to do a really bad job of defending it.
Another legal challenge is by the ACLU, Lambda Legal, and the National Center for Lesbian Rights who are saying the measure is inconsistent with the constitution. Making the point that if voters tried to take away freedom of speech for women and not for men that it would be certainly struck down. ACLU (who is now clearly the one to watch as Equality Calif is being quieter than I care for right now) has an excellent article on it here.
There is still the fact that votes are still being counted. I don't know if 400.000 no votes would turn up, but given the millions that voted on each side it wouldn't be unprecedented.
I'm just hoping that the courts do what they've so often done in the past. Protect a minority from the tyranny of the [very slim] majority (ACLU mentions that too - hooray.)
I really want to let this go and enjoy the fact that history was made. Back on Super Tues (scary that I've been blogging long enough to self quote) I said while I was happily angsting about Clinton vs Obama (In: This Time My Vote Counts) that "But the thing is that Obama could create a revolution Right Now." and he just very well may.
I am so hopeful right now about us being able to rebuild our place in the world to be less of a spoiled, resource hogging, do it our way, bully. Of course, expectations are going to be so high that there's bound to be disappointment and I don't envy Obama after oh three months in office. But he signed up for this and he is a born president. After 12 years of conservatives trashing our world image, I do so look forward to this.
Staying tuned. And much as I want to be done with Prop 8, I will continue to blog about the legal challenges to it as it works its way through the court system.