Sunday, June 22, 2008

Gay "Marriage:" Decision, Referendum, Litigation

You have to admit that chutzpah is un-bounded in some people.

Gay activists asked California's highest court Friday to keep off the November ballot a citizens' initiative that would again ban gay marriage.

Lawyers for Equality California filed a petition arguing that the proposed amendment to the California Constitution should be invalidated because its impact was not made clear to the millions of voters who signed petitions to qualify the measure before the state Supreme Court legalized same-sex unions.

"This court has recognized that gay and lesbian couples have a fundamental right to marry and, as of June 16, such couples have been getting married across the state," the petition states.
The petition also claims the so-called California Marriage Protection Act should be disqualified because it would revise, rather than amend, the state Constitution by altering its fundamental guarantee of equality for all - in essence writing a law the state high court has already found unconstitutional into the constitution.

"If enacted, it would alter the underlying principles on which the California Constitution is based and make far-reaching changes in the nature of our basic government plan, by severely compromising the core constitutional principle of equal citizenship (and) ... by destroying the courts' quintessential power and role of protecting minorities," it states.

The petition names Secretary of State Debra Bowen and the measure's sponsors, a coalition of religious and social conservative groups called, as defendants.

On the other hand, the REAL meaning of chutzpah would be exposed if SCOCA determined that this petition is sound and blocked the petition from the voters.

Wanna bet on the mind of that Court?

HT: The Hatted One

1 comment:

Amy said...

From what I understand, there is already a provision in the CA Constitution defining marriage as between a man and a woman.

The 9th Circus will try to block the ballot; of that, I'm certain.