Will California Supreme Court Still Ban Gay-Marriages?

March 10th, 2009 - 5:21 pm ICT by GD  

Going by the most recent hearing, California’s Supreme Court has every intention of upholding the ban on same-sex marriage that was decided on by voters last November. However the LGBT marriages made before Proposition 8 was passed still remain legal and valid.

Two members could pass the most crucial votes that could flip over Proposition 8. But they expressed doubts that the arguments put forth by the lawyers of those who are advocating LGBT are not all that valid. They had challenged the ban based on an idea that Prop. 8 was infringing on a fundamental right of some traditionally under represented people and therefore could be called a revision in the constitution rather than an amendment. Al constitutional revisions would require two-thirds approval of the legislature or a constitutional convention before it can be brought to ballot. Chief Justices Ronald M. George and Joyce L. Kennard had earlier voted with the majority of the court to uphold same-sex marriages, but are now uncertain about the justification of the challenge posed by its advocates. Kennard, a strong supporter of LGBT rights commented that the proposition just got rid of the “label” of marriage but did not undermine the fact that equal protection existed for people based on sexual orientation. She also said, “I think what you are overlooking is the very broad powers of the people to amend the Constitution.”

George said that the problem would be amplified if laws frequently amended the state constitution, adding, “May be the solution has to be a political one.”

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