No doubt we have all heard the ruling by the California Supreme Court today that the defenders of Prop 8 have a right to defend the law in court.
Prop 8, for the uninitiated, is the ballot initiative which outlawed marriage equality in CA. It passed via a referendum in 2008 and was struck down in 2010.
And now those who are for it, after trying to make California government officials appeal this decision, are trying to defend Prop 8 themselves.
Today's decision said that they can appeal the 2010 decision which overturned Prop 8.
And I am all for today's decision. After all, we all remember why they lost last year.
Let me remind you.
They had no case. At the very best, their case was weak. Many of those pushing for the law demurred when it came to testifying as to why the law was needed. They only could get two witness. One, David Blankenhorn, under cross examination made the case against Prop 8. Also, during closing arguments, proponents of Prop 8 said that they didn't need any evidence to prove their case.
So to me, all of the religious right folks rejoicing over today's ruling is the equivalent of a football team celebrating their only touchdown in the closing seconds of a game in which the other team has already scored 20 touchdowns.
We all know how this is going to end. The final decision on Prop 8, and thus the final decision on marriage equality, is headed towards the Supreme Court.
I know it. You know it. And most of all, those defending Prop 8 knows it. The following comment was lodged by Brian Brown of the National Organization for Marriage, an organization heavily involved in the passage of Prop 8:
Victorious you say, Brian? Not with the sorry defense your side has lodged thus far.
We are all anxious to see if you can do any better. And we doubt that you can.
Prop 8, for the uninitiated, is the ballot initiative which outlawed marriage equality in CA. It passed via a referendum in 2008 and was struck down in 2010.
And now those who are for it, after trying to make California government officials appeal this decision, are trying to defend Prop 8 themselves.
Today's decision said that they can appeal the 2010 decision which overturned Prop 8.
And I am all for today's decision. After all, we all remember why they lost last year.
Let me remind you.
They had no case. At the very best, their case was weak. Many of those pushing for the law demurred when it came to testifying as to why the law was needed. They only could get two witness. One, David Blankenhorn, under cross examination made the case against Prop 8. Also, during closing arguments, proponents of Prop 8 said that they didn't need any evidence to prove their case.
So to me, all of the religious right folks rejoicing over today's ruling is the equivalent of a football team celebrating their only touchdown in the closing seconds of a game in which the other team has already scored 20 touchdowns.
We all know how this is going to end. The final decision on Prop 8, and thus the final decision on marriage equality, is headed towards the Supreme Court.
I know it. You know it. And most of all, those defending Prop 8 knows it. The following comment was lodged by Brian Brown of the National Organization for Marriage, an organization heavily involved in the passage of Prop 8:
“With this victory in hand, it is time for the Ninth Circuit to move the Prop 8 litigation forward to its eventual decision by the US Supreme Court,” Brown said. “We fully expect the Ninth Circuit, the most overturned court in America, to invalidate Prop 8, finding some phony right to same-sex marriage in the US constitution. However, once this case gets out of San Francisco and reaches the US Supreme Court, we fully expect to be victorious.”
Victorious you say, Brian? Not with the sorry defense your side has lodged thus far.
We are all anxious to see if you can do any better. And we doubt that you can.
14 comments:
I personally look forward to seeing them fail hard, the NOM people that is.
Mr. Brown just burned his grits. These people cannot put anything more into the legal record than what was presented in the original case. Meaning, they have no case to present because Walker and Boies together shot down every lame argument they had. I cannot wait for 20% of America to have marriage equality by January 1 2012. This will be the final blow to their bigotry in law against the LGBT community.
They got nothin.
Seriously they can't lodge a defense that'll stand up in court.
Their arguments amount to "Eww", "I want everyone to live by the restrictions of my faith" or "The constitution doesn't apply to gay people" They can't make up their minds to whether we're choosing to be gay, mentally ill, posessed by demons, confused, or being spiteful towards God, society, whatever. They dredge up the same bad logic that people tried use on black folks, women, Jews, and other oppressed people, like it suddenly turns into gold. They think they can win with bold lies and righteous indignation. They're brining a rolled up paper to a gunfight.
The ruling is a good one. I'm so happy that the Government can't just say they aren't going to defend and implement laws that the people have voted on.
With that said, the law is a bad one.
The majority should never have the RIGHT to vote on the rights of a minority when the majority has those rights UNLESS they can show clear harm. For example, pedophiles, will never have the rights to marry the children. There is an abuse of power with someone who doesn't even have the right to consent.
Because of this, the courts will overrule them and the decision of the lower court will be upheld and that will be it for them.
Ha! Best headline of the day.
I so look forward for another photograph of Brian crying.(im mean that way)
Yes, the decision was the right one. However, it is outrageous that the Ninth Circuit referred the question of federal standing to the California Supreme Court, which has no jurisdiction in the case, and then gave them so much time to answer a pretty simple question. They wasted ten months of time in which lesbian and gay couples in California were denied a fundamental Constitutional right.
Christine, they did defend the law, though. They lost and then they just declined to file an appeal. Appeals are always optional.
At what point, may I ask, do you think they've fulfilled their obligation? Are they supposed to bankrupt the state government by filling appeal after appeal after appeal?
Are they obligated to continue filing appeals even when it is painfully obvious they cannot win?
At what point are they allowed to use their own judgement? Isn't that part of their job, making calls on how best to fulfill their duty to the people AND the law?
Also, you used the words "defend and implement" - which is false. They did implement the law.
Dayum, Brian just seems *bitter* and mean-spirited with his talk of "phony rights", despite the FACT that the SCOTUS has maintained there is an individual right to marry the spouse of one's choice for generations! Hell, if procreation is the defining purpose of marriage to NOM, why do they not seem to mention that prison inmates (without the hope to conceive a child) were once barred from marrying a spouse (even rapists, murderers and child abusers!), but the SCOTUS stepped in and put an end to those prohibitions. What's more, Brian is purposefully ignoring the fact that the Prop 8 side had no demonstrable case in the hopes of an emotional appeal down party lines within the SCOTUS in order for them to ignore their civil right to marry and endorse their religious views centered upon marriage.
I'll make a prediction. It's going to be half a loaf. In California, as in NO other stste, we have 18,000 married same sex couples and many thousands more same sex couples otherwise identically situated who cannot legally marry because of Prop H8. That's about as clear a violation of the equal protection clause as you can imagine.
So here's my prediction. The Ninth Circuit will rule narrowly, on the theory outlined above, which will confine its ruling only to California. The haters will take that ruling to the Supreme Court who will deny cert because the ruling only applies to one state and no substantive federal issues are involved; IOW, the case isn't "ripe."
Uhhh... I'm not entirely confident that a Supreme Court stocked with the likes of Roberts, Scalia & Thomas will make the right decision should this come to their courtroom. In a rational world, there'd be no question, but that's not exactly what we're dealing with, is it?
That's only three and we just need a majority.
The Yes on Prop 8 side is going to win! Marriage is between a man and a woman! They will soon learn that you cannot marry an AKA!
Diana, saying that you are going to win doesn't necessarily give you a victory if your side has a piss poor defense. And your side has a piss poor defense. BTW what is an AKA?
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