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California Supreme Court Likely to Uphold Proposition 8

by Susan Brinkmann, OCDS Staff Writer After several hours of oral arguments, justices on the California Supreme Court seemed unlikely to overturn Proposition 8, a Nov. 4 ballot initiative in which the people of California voted to amend their constitution to define marriage as the union of one man and one woman. According to a report in The Orange County Register, justices seemed much more skeptical of opponents of Proposition 8, who argued that the measure, approved by 52 percent of voters, revised the constitution rather than just amending it. They contend that this revision denies a single group of people the fundamental right of marriage, and in doing so, undermined the constitution’s principles of equality and protection for all. Justice Joyce Kennard, traditionally a strong supporter of gay rights, wasn’t buying it. She noted that Proposition 8 was a mere 14 words and simply took away the "label" of marriage.  Proposition 8 “hasn’t destroyed equal protection,” Justice Kennard said. “"I think what you are overlooking is the very broad powers of the people to amend the Constitution." Pepperdine Law School Dean and former Special Prosecutor Kenneth Starr led the team in support of Proposition 8. He said Proposition 8 is the outgrowth of the people’s fundamental right to govern themselves. Technically, he said, a simple majority of voters could vote to eliminate the right to free speech or any other right, so long as voters are clear on what they're doing. The justices questions revealed obvious favor toward upholding Proposition 8, but they were much less convinced about whether they should invalidate the 18,000 same-sex marriages that were contracted between the court’s May 15 decision to give same sex couples the right to marry and the Nov. 4 initiative to rescind it. Justice Marvin Baxter, the court's most conservative member, observed that the couples got married after receiving the right by "the highest court of the state." "How can we deny the validity of those marriages?" Baxter asked. The court’s decision is expected within 90 days and proponents of same-sex marriage are already vowing to fight on if Proposition 8 is allowed to stand. "I think conversations about going back to the ballot need to happen vigorously and strategically," said Kate Kendell, executive director of the National Center for Lesbian Rights, which represented some of the plaintiffs . "2010 would be the next statewide ballot, and in campaign terms, that is just around the corner. I just don't know whether we have the groundwork in place to mount such an effort or the financial resources." © All Rights Reserved, Living His Life Abundantly/Women of Grace. http://www.womenofgrace.com

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