Is California Still A Democracy?
- State Supreme Court Intervenes Again -
Time To Recall/Depose Activist Judges...
The proposition, which overturned a May decision of the California Supreme Court that legalized same-sex marriage, has been challenged by a number of cities and civil rights groups, which say it is a substantial revision of the state’s Constitution, and therefore requires legislative approval.
In agreeing Wednesday to take the case, the court suggested in a two-page order signed by six of its seven justices that it would take up that question, as well as lingering questions over the legality of some 18,000 same-sex marriages performed in the state this year. Those ceremonies were halted after Proposition 8 passed.
The court has also been asked to consider whether same-sex couples are being denied equal protection under the state’s Constitution. An amendment banning same-sex marriages has never been challenged in a state where the marriages had been legal.
Dennis Herrera, the city attorney of San Francisco, a petitioner in the case who opposes the ban, said, “I have confidence that this court is going to make this decision on the facts and on the law.”
Supporters of the ban said they were pleased that the court had declined to suspend the ban.