The Battle Goes On...
Last Saturday was one of those inspirational days that across the nation and around the world as many joined together to protest Proposition 8. Of course there were great speeches from local leaders and celebrities but the sense of community among people of all backgrounds and sexual identities was the most memorable. It was a wonderful boost to the fight ahead which will continue in one form or another no matter what happens during the coming weeks.
The legal arguments we've read against Proposition 8 are powerful and the California Supreme court could rule as early as this week. In essence the argument is that earlier the California Supreme Court ruled that GLBT community is labeled a "suspect class" and discrimination against such a class is subject to strict scrutiny. Once a minority obtains this "suspect class" status the government has to come up with a "compelling state reason” for discrimination.
The high court may rule that the California Constitution cannot be amended to take away fundamental rights from a suspect class by a simple majority vote. A constitutional convention may have to be required and this requires a two-thirds vote of the state legislature. Very hard to obtain under any circumstances which is why hot-button amendments rarely are made to the US Constitution.
We've read that if the Calif Supreme Court overturns Prop 8 that the far right is threatening recall of the justices. The justices are not taking kindly to these threats and won't be intimidated. Ironically several of these justices are Republicans appointed by Republican governors and if they're replaced Gov Arnold could very well replace them with even more moderate judges. It's the "be careful what you wish for" syndrome for the far right.
We are optimistic but realistic at this stage. The drama goes on.
The legal arguments we've read against Proposition 8 are powerful and the California Supreme court could rule as early as this week. In essence the argument is that earlier the California Supreme Court ruled that GLBT community is labeled a "suspect class" and discrimination against such a class is subject to strict scrutiny. Once a minority obtains this "suspect class" status the government has to come up with a "compelling state reason” for discrimination.
The high court may rule that the California Constitution cannot be amended to take away fundamental rights from a suspect class by a simple majority vote. A constitutional convention may have to be required and this requires a two-thirds vote of the state legislature. Very hard to obtain under any circumstances which is why hot-button amendments rarely are made to the US Constitution.
We've read that if the Calif Supreme Court overturns Prop 8 that the far right is threatening recall of the justices. The justices are not taking kindly to these threats and won't be intimidated. Ironically several of these justices are Republicans appointed by Republican governors and if they're replaced Gov Arnold could very well replace them with even more moderate judges. It's the "be careful what you wish for" syndrome for the far right.
We are optimistic but realistic at this stage. The drama goes on.
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