February 9th, 2010
 

365 Gay: News

Schwarzenegger won’t petition court on Prop 8


(San Francisco, California) Gov. Arnold Schwarzenegger will not submit a legal brief to the California Supreme Court arguing for the overturn of Proposition 8, the voter initiative that bans same-sex marriage, nor will he join a group of state lawmakers in their brief despite making statements he believes the court should declare the measure illegal.

Appearing on ABC’s “This Week with George Stephanopoulos” Schwarzenegger said that he believes marriage is between opposite-sex partners, “but I don’t want to ever force my will on anyone.”

But he rejected a call to enter the legal challenge to Prop 8.

A day after voters agreed to amend the constitution to bar same-sex marriage three separate notices were filed with the high court arguing the proposition was illegal because it conflicted with existing portions of the constitution.

The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court on Wednesday, a preliminary move to a suit. They were the lead groups that successfully argued the original marriage case before the court.

The second notice came from Dennis Herrera the attorney for the City of San Francisco.  The third was filed by Los Angeles attorney Gloria Allred on behalf of a couple married in that city.

The petitions charge that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution’s core commitment to equality for everyone. They also say that Prop 8 improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities.

Last week Democratic state legislators filed a “friend of the court” brief supporting the challenge.

The Republican governor on Sunday told ABC that the state law banning same-sex marriage, which the California Supreme Court overturned this spring, was akin to the legal battle over interracial marriage. In 1948 the state high court declared a ban on interracial marriage unconstitutional.

“So the Supreme Court, you know, I think ought to go and look at that again. And we’ll go back to the same decision. … I think that they will. And I think that the important thing now is to resolve this issue in that way,” he told Stephanopoulos.

Schwarzenegger also said that he will meet this week with Attorney General Jerry Brown, a Democrat, over the legal issues involved with the estimated 18,000 gay marriages already conducted in California.


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  • Jim Said: November 17th, 2008 at 9:58 am
    • Ofcourse Arnold wouldn’t petition the court. He’s the biggest girley-man I can think of. He’s always trying to have it both ways on this issue. He’s vetoed the legilative marriage bills twice. He’s no friend of gay marriage. I’m glad he can never be President.

  • RICK MOORE Said: November 17th, 2008 at 10:10 am
    • WAY TO GO ARNIE !! THANKS FOR YOUR SUPPORT-NOW MIND YOU THAT WE WONT BE VISITING CALIFORNIA WHILE YOU ARE STILL GOVERNOR AND WE WILL BE BLOCKING ANY MOVIE YOU EVER MADE. SO ,FROM THE GAY COMMUNITY THAT SUPPORTED YOU FROM THE VERY START OF YOUR CAREER-THANKS FOR NOTHING !

  • Wayne Said: November 17th, 2008 at 10:17 am
    • He’s always trying to have it both ways on this issue.

      ———-

      Seems there is a lot of that going around lately on both sides of the political aisle when it comes to gay marriage equality. It’s sad that Obama doesn’t even seem to notice that the gay community has risen up and is speaking out on a national level. As this past weekend of protests prove, We are the ones we’ve been waiting for, no one else will fight our fights for us. Putting too much faith in any politician is a mistake (especially politicians who have already made it clear that they do not want gay people to have marriage equality).

  • horus Said: November 17th, 2008 at 10:36 am
    • he and maria are catholics, no matter what he says in his mangled english, he will never do anything to really help us.

      the catholics screwed us too!

  • Christopher Said: November 17th, 2008 at 10:38 am
    • I voted for Gray Davis. Arnold is a Republican Whitewasher. GRay Davis would have been there for Gays and Lesbians. Utah is the real Soddom and Gamora , close minded biggotry is the end of man…

  • Will Said: November 17th, 2008 at 10:40 am
    • “He’s always trying to have it both ways on this issue.”

      I can’t help but state this.Does it mean Arny could be bisexual? XD

  • Robert, NYC Said: November 17th, 2008 at 12:06 pm
    • No U.S. politician would dare to support marriage equality publicly, it would be political suicide. Look at what happened to one of my heroes, Dennis Kucinich. Make no mistake, we’re never going to get full equality from any president, state senator or representative. Marriage equality in every state will take many many decades to become a reality in our society. If we get 5 states on board within the next 5 years, it still will not be recognized at the federal level. 50 states with 50 state constitutions…..not the most ideal situation. None of us will be around to see all 50 enact marriage equality, but other countries will surpass us as we’ve been seeing with six of them already, five of which have state religion, go figure. What does that say about our country or its leadership? How can we in our naivete even consider that we’re number 1 in the world when we can’t even give all of our people the same rights, and we call this a democracy?

  • Rachel Said: November 17th, 2008 at 12:29 pm
    • Poor Arnold can’t make up his mind. What a dope.

  • drewski Said: November 17th, 2008 at 12:31 pm
    • As far as Kucinich is concerned (and I might know–I lived in his district until the boundary was moved), his support of same-sex marriage isn’t what voters here have held against him. This month is the 30th anniversary of Cleveland’s municipal default, and there are still those in Cleveland (like our only daily, the Plain Dealer), who choose to ignore real historic events in favor of looking for ways to blame the former Boy Mayor for events beyond his control. It’s a long, convoluted tale and I won’t go into it here.

      Schwarzenegger is doing a dance that’s turning bizarre. Twice he blocks the Assembly’s vote for gay marriage, then gives lukewarm support to No on 8, and now he wants the state Supreme Court to nullify 8 so he doesn’t face the wrath of the GOP.

      While he hasn’t been California’s worst governor since WW2, he’s done nothing to deal with the state’s imaginative budgetary process, its fictional revenue flows, and now an embarrassing voter initiative that he can’t seem to bring himself to repudiate. What gives, Arnie? This is so much better than Gray Davis?

  • blacksteel Said: November 17th, 2008 at 1:01 pm
    • “Wayne” said: “Putting too much faith in any politician is a mistake (especially politicians who have already made it clear that they do not want gay people to have marriage equality).”

      Which makes one wonder why “Wayne” was such an avid supporter of McCain/Palin who opposed gay marriage – and virtually all other gay rights at the federal level – and were supported by the religious right. Serious credibility problem there.

  • TigerTzu Said: November 17th, 2008 at 1:06 pm
    • If Arnie had shown this kind of courage and fortitude in his movies, he would have died in the first 10 minutes of the films. Movie hero, reality coward.

  • Clian Said: November 17th, 2008 at 1:42 pm
    • Arnold Schwarzenegger was a good actor but bad politician.

  • Eugene Said: November 17th, 2008 at 1:56 pm
    • Didn’t I see him playing the character Susan Harper in “My Family”? “Yeeee, nnnnn, yeeee, noooo, yes, yeeeee, nnnnnnnnn…”?

  • blayne E. Douglas Said: November 17th, 2008 at 2:00 pm
    • Shame on you, Governor Schwarzenegger! Not just a week ago, you publicly stated it was “terrible” that prop 8 passed and that it was “wrong”! Yet, here we are at this critical impass with you. Make up your mind, Sir! How terrible IS it??? Put your power where your mouth was… and stop fidgiting like a little boy who has to go potty and CHOOSE! Are you for gays or against gays and then STICK WITH THAT!

  • William Said: November 17th, 2008 at 2:03 pm
    • Why can’t people see this is an infringment on our civil rights?

 
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