Judicial Activism: Same Sex Marriage And The Aftermath Of Proposition 8
MARCH 5TH HEARING ON GAY MARRIAGE BAN
On March 5, 2009, the California Supreme Court will hear arguments over the constitutionality of the ban on gay marriage. Just last month, the court received final briefs challenging Proposition 8. The courts anticipated decision will broadcast live on the California Channel within ninety days of oral arguments. Approximately 18,000 gay couples, who married before the November election, await the announcement as the fate of their marriages will be revealed. Forty-three groups, including civil rights activists and legal scholars, filed briefs in opposition of Proposition 8. Twenty groups, including several religious groups, filed briefs in favor of the proposition. The number of briefs filed for the upcoming hearing almost broke the record number of 68 briefs, which were filed for the historic ruling in favor of gay marriage.
San Francisco and gay rights lawyers contend Proposition 8 extinguishes a fundamental constitutional right without a compelling justification and amounts to a revision, which requires a two-thirds legislative vote or by delegate to a constitutional convention.
The Protect Marriage Coalition, represented by Kenneth Star, argues the court must adhere to the will of the people and respect the measure. Ken Star stated, “the Constitution has now been amended, by the sovereign people who are its creators.” He contends Proposition 8 restores the traditional definition of marriage and does not make far-reaching changes in the structure of the government.
If you would like to read the briefs filed, including the brief filed on January 16, 2009 by Individual Chapman University Organizations et al., in Support of Petitioners, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
For additional information, go to:
http://www.latimes.com/news/local/la-me-prop-8-spending4-2009feb04,0,3808081.story
http://www.365gay.com/news/calif-supreme-court-to-hear-prop-8-case-march-5/
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/26/MNB515G17D.DTL
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