Thursday, November 20, 2008

Supreme Court to Review Prop 8

Well what we hoped would happen is going to happen. The Supreme Court is going to review Prop 8. This also means that our own marriage will hang in the balance for 4 to 6 months which is a very odd feeling though I trust the supreme court a heck of a lot more than the electorate at this point.

Marriage is one of the most intensely personal decisions you will make in your life. And I'm having all these strangers weighing in on it. It's like if some distant second cousins who weren't invited stormed the wedding and said that they objected. The inappropriateness of it is beyond words.

Rather than cite a newspaper article here is the surprisingly readable court release (pdf format):

Here's the gist (quoting):

The court’s order, issued in the first three cases that had been filed
directly in the state’s highest court challenging the validity of Proposition
8, directed the parties to brief and argue three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than
an amendment to, the California Constitution?

(2) Does Proposition 8 violate the separation-of-powers doctrine under
the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on
the marriages of same-sex couples performed before the adoption of
Proposition 8?

The more general link is here:

And of course the yes on 8 people are talking about trying to recall the judges if they don't get their way. Given that 8 only narrowly passed, that's really not very likely. Though I don't see them giving up very easily at all as we make such a nice punching bag.

And that really pisses me off. It should be a crime to persecute lgbt people like this (or at least really tacky). And it's not only those of us who chose to be in the line of fire by getting married but every single lgbt person even ones who have no intention of marrying.

I am not looking forward to the next 6 months.

"In its order, the court established an expedited briefing schedule, under which briefing will
be completed in January 2009 and oral argument potentially could be held as early as March
2009. "

A decision would be within 90 days after that

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