Archive for March 5th, 2009

The Definition of Marriage and the California Supreme Court

March 5, 2009

Today, the California Supreme Court will hear oral arguments on whether the will of the more than 7 million voters who approved Proposition 8 will be allowed to amend the California Constitution.  Proposition 8 became necessary when the same Supreme Court created a civil right of same-sex marriage through very convoluted legal reasoning then they overturned Proposition 22, which was passed by 61% of the voters.  Now they will decide on whether the voice of the people really means anything.

Today’s arguments will center on a narrow point of law:  Is Prop 8 an amendment to the Constitution or a major revision?  The California Constitution can be amended by direct vote of the people, but revisions need to be first approved by the Legislature.

It seems to me that the proponents of same-sex marriage are doing everything backwards.  If Prop 8 was an unconstitutional method of amending the Constitution, why not bring that up before the election?  Why all the anti-Prop 8 “rallies” and “community events” after the election instead of before the election?  Of course, if Prop 8 had failed to pass, no one would be claiming that the election results were invalid.  The entire lawsuit is just an attempt to keep trying until you get your way.

If you are interested in seeing a live broadcast of the oral arguments, they will be available at beginning at 9:00 AM PT.