Wednesday, March 5, 2008

Marriage debate in California

The California Supremes heard oral arguments yesterday about same-sex marriage. The session was 3 hours long. Watchers aren't able to guess how the court will rule, but the court must produce an opinion within 90 days. The primary position of the anti-gay forces seems to be "Tyranny of the Majority trumps individual rights." This is based on a 2000 voter-passed initiative that bans gay marriage. Not only is this argument undermined by protections in the Constitution it is also undermined by Arnold who vetoed two gay marriage laws even though they were passed by a majority of Calif. legislators (who theoretically represent a majority of citizens). The backup position is that gays can have domestic partnerships, which are just like marriage, really they are, even though New Jersey (which offers DPs) produced a report saying all the ways they aren't. They finish off by saying such things as: a ruling favorable to gays would is too radical and would result in a backlash and that (sigh) gays are unfit parents. Some court watchers speculate that the court has already decided and are just waiting until after the April 19 deadline for collecting signatures for the Calif. version of a marriage protection amendment.

No comments:

Post a Comment