A Battle. Lost?

May 27, 2009 18:21

Still reading the state Supreme Court Prop 8 decision, in between quick bites to eat, working, working, practicing, and working.  Oh, and sleeping occasionally.

I'm disappointed to say that I made an erroneous prediction in this case.  What I'm getting, both from the text and from the various other opinions I've stumbled across, is that the court felt its hands were tied.  Because it came to a vote they felt they had to honor it.

The dissent took the tack I expected the whole court to take.  Which makes an especially intriguing puzzle of why it wasn't the majority opinion.

The worst thing the court has done with this is establish that there is no provision of California law that prevents the majority from stripping a minority group of their rights anytime it pleases.  They might reply that's a ridiculous conclusion, but that is precisely what has happened here.

As for the rest...hopefully I'll have more when I manage to finish this damned romance novel of an opinion.  Two hundred freaking pages!  Oy!

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