Gay marriage on trial
California’s long, tortuous war over same-sex marriage enters its next phase on Thursday, when the state Supreme Court hears oral arguments on three lawsuits challenging Proposition 8, the controversial constitutional amendment that bans gay marriage.
The easy way to think about these cases — and the way most non-lawyers are likely to do it — is to decide which side of the issue you’re on and root for that side to win. In other words, if you support marriage between same-sex couples, you’ll want the cases to succeed so that Proposition 8 will be overturned. If you believe men and women should only be allowed to marry each other, you’ll hope the lawsuits fail.
That’s fine. It’s outcome-based. But frankly, it has very little to do with what the Supreme Court is going to consider in the oral arguments.
Instead, the argument in the courtroom will be broader and more abstract. Who makes law in a democracy? What should we do when laws contradict one another? Who is the ultimate sovereign in the state of California — the people at the polls or their written Constitution or their appointed judges or their elected legislators? Can fundamental constitutional rights — inalienable rights — be withdrawn from one group but not another?
These are big, thorny questions with implications that go well beyond whether gays are allowed to marry. What follows is a cheater’s guide to the issues at hand.
Remind us: How did we get here?
The battle over same-sex marriage sometimes seems endless. Gay couples have been trying to get married in California since the late 1970s, and their opponents have been working just as hard since then to ensure that it does not happen.
Here are some highlights @ Gay marriage on trial
Los Angeles Times - CA,USA
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Original source : http://gay_blog.blogspot.com/2009/03/gay-marriage-…
Proposition 8 backers attack Brown’s efforts to keep gay marriage
Proponents of a constitutional ban on same-sex marriage filed legal briefs today urging the California Supreme Court to reject the novel legal argument put forth last month by state Atty. Gen. Jerry Brown and to preserve Proposition 8, the gay marriage ban approved by voters in November.
“The people have the final word on what the California Constitution says,” lawyers wrote. “The practical result of the Attorney General’s theory is that the people can never amend the Constitution to overrule judicial interpretations of inalienable rights.”
The legal filing comes in response to a brief two weeks ago from the attorney general in which he surprised legal experts by putting forth an unusual theory to argue that Proposition 8 should be invalidated, saying that the measure undermines fundamental liberties guaranteed by the Constitution.
His theory surprised experts because he had pledged to argue in favor of Proposition 8 — as the attorney general, it is his job to defend the state’s laws. But it also advanced an unorthodox interpretation of the Constitution.
See Proposition 8 backers attack Brown’s efforts to keep gay marriage
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Original source : http://gay_blog.blogspot.com/2009/01/proposition-8…
