Prop 8 might be repealed in near future
Posted February 3, 2011 at 11:44 pm in News
California Supreme Court Chief Justice Tani Cantil-Sakayue said a decision about whether or not the court can rule on the overturn of California’s ban on same-sex marriage could be reached as soon as next week, according to the Los Angeles Times.
In Nov. 2008, California voters passed Proposition 8, which defines marriage as a union strictly between a man and a woman. The U.S. 9th Circuit Court, which is currently hearing the case to repeal Proposition 8, has called upon the California Supreme Court to make the ruling to determine whether citizens can defend a law in court.
A DADT panel discussed issues of spousal benefits for same-sex couples in the military. - Rachel Bracker | Daily Trojan
Benjamin Lopez, a legislative analyst and lobbyist for the Traditional Values Coalition of California, argued that since California citizens voted Proposition 8 into law it is the duty of the state to uphold the sanctity of marriage, and in the State’s absence the people should inherit that right.
“There is currently a dilemma, where the decision of the people is not being properly ruled in the court,” Lopez said. “Proponents of Proposition 8 and their attorneys have a right to defend Proposition 8 in court if Schwarzenegger and Brown aren’t going to.”
Attorney Theodore B. Olson, a lead lawyer for the repeal of Proposition 8, argued in a letter to the California Supreme Court that the federal law mandates that the state, not the people have the right to defend a law in court.
“It is clear that California law vests the Attorney General — not private litigants — with the authority to represent the State’s interest in litigation,” Olson wrote. “Proceedings would needlessly delay a decision from the 9th Circuit … and intolerably prolong the denial of plaintiffs’ constitutional rights.”
Vincent E. Vigil, the director of USC’s LGBT Student Resource Center, believes that the current attempt to repeal Proposition 8 reflects the changing opinions of Californians in regards to same-sex marriage.
The attempt to repeal Proposition 8 has revived the debate over same sex-marriage in the State of California.
“You can clearly see by recent polls that people’s mindsets have changed on same-sex marriage,” Vigil said.
Vigil attributes the changed public opinion to non-profit equality organizations, which have continued to educate the public on same-sex marriage since the passage of Proposition 8.
“Proposition 8 doesn’t incorporate the current mindset of the voters.” Vigil said.
Supporters of Proposition 8 argue that the proposition accurately reflects the views of California voters.
Vigil said he thinks the issue of same-sex marriage is being unfairly utilized as a political tool.
“[Same-sex marriage] is a political issue that conservatives and some liberals are using to get votes, and it’s sad that people’s values and freedoms are in the middle of this political mud slinging,” Vigil said.
Some students, such as Monroe Ekilah, a freshman majoring in computer engineering and computer science, say same-sex couples should be entitled to all the legal benefits of marriage, regardless of personal views.
“I disagree with Proposition 8 because the legal benefits override the morals,” Ekilah said. “I don’t have to agree with [same-sex marriage].”
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This article is tagged: Benjamin Lopez, California Supreme Court Chief Justice, gay rights, gays, LGBT Student Resource Center, marriage, Prop 8, raditional Values Coalition of California, same-sex, Tani Cantil-Sakayue
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These leagal beagles can argue and wrangle all they like about man made laws and such but they can never get away from the supreme laws of our creator And you queers why don’t you lot face the fact and call yourselves homosexuals instead of trying to make your lifestyle look good All churches would do good to get back to basic truths too instead of spinning their lies and hypochrasy
Just to be clear, the only polls that count are the ones made by the voters at the ballot box. in every state where they have been asked to vote on this issue, the voters have said a loud “NO” to gay “marriage.” And as I recall, the Field polls showed Prop 8 losing a few days before the election. So, don’t count the voters out. They do and will continue to support traditional marriage, all across this country. As far as the question of standing is concerned, it’ll be interesting to see how the court rules, and what the Ninth Circuit does with their decision.
Haven’t heard of Bradley Effect, I guess that people like you just didn’t want to say public that didn’t want gay to marry. Posting on here prove my point. Beside How would you like it if your rights were taken away by a tyrannical majority
The basic rights of the minorities should not be put up for a vote. Everyone is entitled to equal rights under the equal protection clause of the Constitution. If people voted on civil rights in the 1960s, we’d still be a segregated country and African-Americans would still be forced to drink from separate water fountains.
Karen, 52% vs 48% of voters in California is hardly a “loud NO.” Those numbers also don’t take into consideration how many of those voters were confused or scared because of the misleading propaganda that had been foisted upon them by the outpouring of millions of dollars by the Mormon Church and various bigoted individuals or businesses. In every court battle thus far, “God’s chosen defenders of marriage” have failed to adequately demonstrate how allowing same-sex partners to marry would harm society in any way, shape, or form. Study after study shows that these couples are just as devoted, just as ethical, and just as qualified as parents as any other couple. Their children grow up normal, and in many cases better-adjusted than children of heterosexual parents. I wish we could apply your same logic here and take away your own women’s “civil rights” that give you the right to vote, own property, and go to school. Sounds like you didn’t take advantage of the latter one. If you’re so hellbent on preserving marriage then maybe you should be fighting for legislation that prevents you from ever getting a divorce.
@ Karen Grube – Let’s think about this. IF the 19th Ammendment was put to a “vote” in 1920 . . . you . . . . yourself . . . would not have the right to vote. It was clear most voters were against the women’s right to vote in 1920. Stop thinking “The people have spoken” because the Bill of Rights speaks louder.
The California High Court is merely about to decide whether or not to hear the question of standing under state law to begin with. If they agree to take up the issue, it will be some time before they rule. Only then will Prop 8 return to the 9th circuit. Then of course we’ll wait for many more months. So, no, we are not on the verge of a Prop 8 repeal.
Technically, your first paragraph implies that the court will be ruling on the overturn of California’s ban on same sex marriage, but in reality, the court – if it choses to engage – will rule on California law as far as “Standing”.
Other than that, outstanding article and great work.!
Dear prop8 proponents, Gerry Brown was elected governor while advocating for the annihilation of 8. Kamala Harris was elected attorney general while advocating for the same thing. Can you connect the dots, idiots?
Don’t tell me whom I may, or may not marry. Its none of your god-damned business!
Bonus points for civil rhetoric, there, “FlexSF”…and for spelling. (Jerry Brown)