Thursday, February 26, 2009

Here we go again: Prop8 court case coming up

Well, the roller coaster of emotion is grinding up the hill ready for another heart-stopping descent into the dehumanizing gay marriage wars.

The 3-hour hearing for the rights of gay married Californians (or those who would be married) will be at 9-12am on March 5th.

The arguments to overturn the hate-filled Prop8 will be:
1) Such a sweeping effect on the rights of a minority is a revision, not an amendment, and therefore is not subject to a simple majority vote.
2) Such an initiative takes away the fundamental role of the State Supreme Court to determine the constitutionality of issues and
3) marriage is an inalienable right and thus cannot be subject to majority vote.

Despite the bravado from our side, the general consensus from the Constitutional Law types that I've read, is that it's a longshot we will win. BTW there is not an equal-protection argument. This is a state constitutional issue, not a federal one. If this went federal, we'd lose (you think that uber Catholics like Scalia, Roberts et al would ever, ever vote for gay marriage?)

There will be candlelight vigils the night before, and if you can get to San Francisco for the hearing, please try. (They are hoping to put up a jumbotron in the civic center plaza). I will post a reminder about the events in a few days.

Meanwhile, please wear white--or at least a white knot -- on that day to support IT and BP and the thousands like us as "they" argue about our marriage.

And say "I do" to the freedom to marry.


(Crossposted at Daily Kos and StreetProphets, with some revisions and with polls)

6 comments:

JCF said...

if you can get to San Francisco for the hearing, please try.

Heh: I suddenly had images of "Benjamin Braddock" speeding up Highway 1 in his Alfa! ;-) [Though he and Elaine were fighting for her not to get married, so maybe the analogy isn't a good one. :-/]

With you and BP (et al) in spirit (or should I say, sentiment?), IT...

IT said...

I'll take spirit or sentiment, JCF. In any case, I have always loathed roller coasters.

The director of Equality CA, Geoff Kors, said that it was very apparent back in May how the original marriage decision would go, just by the tenor of the comments and questions. He thinks "we" will know pretty much the feeling of the court by the end of the arguments on Weds, though they won't give a decision for 90 days.

He also thinks that existing marriages will be safe. I'm not so sanguine. And besides, how awful would that be, to say that IT and BP can be married because they are lucky enough to have found each other, while some young gay man who hasn't found his "one and only" is sentenced to Living in Sin?

I have also heard the suggestion that the court will "grab" one of the arguments to overturn the proposition, because of the ever-increasing divisiveness and political war that will erupt in 2010 to repeal it. I'm not hopeful on that either.

And I ahve heard that The Mormons Are Organizing for something. Maybe to recall Chief Justice Ronald George. Maybe something more nefarious.

(Aside: Amusingly, my temporary email account was signed up by someone for anti-gay Christianist updates. Spam, spam, spam, spam! These people are pathetic)

dr.primrose said...

Oral argument will be broadcast on the California Channel so that you can watch it on your computer. The Court has not yet posted the link but will do so closer to the time, probably a week or so in advance.

IT said...

Thanks Primrose. I can't bear to watch. It's too painful to be an object to the court and I 'm too upset by the whole thing anyway.

JCF said...

how awful would that be, to say that IT and BP can be married because they are lucky enough to have found each other, while some young gay man who hasn't found his "one and only" is sentenced to Living in Sin?

Or even some not-so-young JCF? :-(

Cany said...

I definitely want to watch. What, exactly, is the California Channel? Internet for the state like CSPAN?