Go Go California

[bryant]

The California Supreme Court says gay marriage is legal. Next step: probably the US Supreme Court, plus there'll be a constitutional amendment ballot item in the November California election to alter their Constitution to restrict gay marriage again.

Still! Good!

Comments

[marphod.livejournal.com]

I suspect the SCOTUS is going to deny certification of this one.

In reading the case, a lot is based on the State Constitutional rights to due process and equal protection, rather than on federally protected rights. As such, the Court doesn't have standing to review.

[tavella.livejournal.com]

Yup, I can't imagine the Supremes will get involved, any more than they did in Massachusetts. This is classic state territory.

[dcltdw]

plus there'll be a constitutional amendment ballot item in the November California election to alter their Constitution to restrict gay marriage again

What's the CA process? MA's is rather lengthy, which (in my uninformed opinion) is why it succeeded: "look, it's been 2 years, and this is a total non-issue. Vote no."

[bryant]

"California uses the direct initiative process, which enables voters to bypass the Legislature and have an issue of concern put directly on the ballot for voter approval or rejection. There are two types of initiatives that can be placed on the ballot: 1) statute revision, which requires signatures equal to five percent of the total votes cast for Governor in the preceding gubernatorial election, and 2) constitutional amendment, which requires signatures equal to eight percent of the Governor's total vote in the preceding gubernatorial election."

So saith the California Secretary of State web page. Doesn't take long at all -- you just get it on the ballot in any given year, get a majority, and it's done. No need for legislative action.

[bryant]

Probably, yeah. It'll get appealed but it won't go through.

[dcltdw]

Holeeeeeeeee crap. To me, that says that the side with the most money for scare tactics wins. Which, I think, favors the pro-ban people.

[bryant]

It is very unclear to me how anything gets done in California. Note that one very common use of this mechanism is authorizing bond issues. Want three billion for stem cell research, plus protecting stem cell research as a constitutional right? Can do.

The proposition to establish a law against same sex marriages (as opposed to amending the constitution to restrict them) passed with a 61% majority a few years ago. We'll see if there's any change this time around.

From http://volokh.com/posts/chain_1210871784.shtml:

[r-ness.livejournal.com]

"The opinion is entirely based on claims under the California Constitution, and does not rely on federal constitutional claims. This seems that the U.S. Supreme Court cannot review this; and it also means that a state constitutional amendment -- which seems likely to be on the ballot this November -- could overturn the decision."

[dtm]

Note though that this decision goes further than just allowing gay marriage, and unless an amendment is worded extremely broadly the decision of the court that sexual orientation-based distinctions be viewed with strict scrutiny isn't going away. (that is, as part of the opinion today the court also said that for purposes of CA law, distinctions based on sexual orientation are to be viewed with as much default skepticism as distinctions based on gender or race)

Other than that, damn. California beat us, but we'll likely have a legislative solution soon.

[ronebofh.livejournal.com]

It's hard to be hopeful when insanely dumb shit like this made the ballot and won.

[eyelessgame.livejournal.com]

With only very little snark, I can clear that up for you: nothing gets done in California government.

[eyelessgame.livejournal.com]

What I'm curious about is what it takes to repeal an amendment to our state constitution, because this amendment is likely going to win, and marriage equality is only going to last for six months.

One might imagine it would require the same thing as writing the amendment in the first place, but Prop 13 guarantees things are never so simple as that...