Prop 8 legal worries
So... the CA Supreme Court has agreed to take up the Prop 8 cases, but there's a very troubling development in that one of the Justices who helped strike down the previous Prop 22 (which was not an amendment, just an initiative) voted to deny a hearing. One of the more likely reasons to do that is a belief that Prop 8 is so obviously constitutional that it does not warrant discussion.
Given that the invalidation of Prop 22 was a 4 to 3 decision, and that the 3 dissenters are highly unlikely to strike down Prop 8 given their constitutional views, Justice Kennard's reluctance may well be a fatal blow. Of course, we don't actually know why she voted to decline to hear the cases. I don't know if the Justices discuss these decisions or issue independent votes- perhaps she hoped to have the court duck the issue and let the lawsuits founder in the lower courts until at least the next election (because this will be on the ballot in every single election until the margin plus demographic trends render a decisive verdict, or the courts end the issue).
Anyway, if Prop 8 is upheld, which many legal observers feel is likely, a reversal will still appear on the ballot in 2010, and since conservative fucktards are, on average, older and therefore more likely to die soon, eventually the demographics will shift. But we'll have to deal with the campaigns every two years until that happens.
Given that the invalidation of Prop 22 was a 4 to 3 decision, and that the 3 dissenters are highly unlikely to strike down Prop 8 given their constitutional views, Justice Kennard's reluctance may well be a fatal blow. Of course, we don't actually know why she voted to decline to hear the cases. I don't know if the Justices discuss these decisions or issue independent votes- perhaps she hoped to have the court duck the issue and let the lawsuits founder in the lower courts until at least the next election (because this will be on the ballot in every single election until the margin plus demographic trends render a decisive verdict, or the courts end the issue).
Anyway, if Prop 8 is upheld, which many legal observers feel is likely, a reversal will still appear on the ballot in 2010, and since conservative fucktards are, on average, older and therefore more likely to die soon, eventually the demographics will shift. But we'll have to deal with the campaigns every two years until that happens.