History Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban
Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right — that denying gays and lesbians the right to marry is illegal discrimination.
“Someday at some point my dissent will be the majority view in California,” he said during an interview in his San Francisco chambers late Wednesday. “I think that’s where the law is headed.”
“Equal protection is either equal or it’s not,” he added. “It’s not the kind of thing you can chip away at.”
Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk to The Recorder about his votes, his brief moment on the Obama administration’s short list for the nation’s highest court, and U.S. Supreme Court nominee Sonia Sotomayor’s controversial “wise Latina” comment.
Moreno’s dissent in Strauss v. Horton, 46 Cal.4th 364, came at a touchy time for him. He had been contacted by the Obama administration a week earlier as a possible replacement for retiring U.S. Supreme Court Justice David Souter. Since President Obama has officially stated his opposition to same-sex marriage, it could be assumed Moreno’s position on marriage and Prop 8 might be troublesome.
But, Moreno said, Obama’s vetters didn’t ask him how his Prop 8 vote — which wasn’t yet public — would go.
“They just asked if there were any high-profile cases — past or present, including on the trial court — that would be the kind of case that would draw attention.”
See History Is on My Side, Says Calif. Justice Who Voted Against Gay …
Law.com
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Gay sex ruling: HC judge accused of judicial impropriety in India
NEW DELHI: A Supreme Court advocate has raised the issue of “judicial impropriety” on the part of Justice S Murlidhar, who had sat on the bench that delivered the judgment in the ‘gay sex’ case.
In two separate letters written to the Chief Justice of the Delhi High Court Justice A P Shah and Members of Parliament, the advocate Janak Raj Jai contended that Justice Murlidhar had himself filed a writ petition in 1994 as a lawyer in the high court seeking quashing of Section 377 of the IPC.
When contacted, Justice Murlidhar’s secretary said the judge was aware of the letter (of the advocate) but had no comments to make.
Jai said Justice Murlidhar had appeared as intervenor in the original writ petition on behalf of an organisation “AIDS Bedhav Virodhi Andolan.”
“Propriety demands that a judge who had been an advocate in a similar case, should not have heard the present petition (Naz Foundation) challenging parts of Section 377 IPC,” the letter, written by Jai to the Chief Justice three days before the judgment was delivered, stated.
In his letter, Jai had sought deferring of the judgment and pleaded that the matter be posted before another bench. See Gay sex ruling: HC judge accused of judicial impropriety
Times of India
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