Comments on: Will the California Supreme Court strike down Prop 8, or “willy-nilly disregard” its duty?

By: Dave W

Dave W — Sat, 04 Apr 2009 18:52:27 +0000

Drewski, I agree with your assessment of the risk to CA’s reputation, but I’ve never seen it as the liberal haven you mention.

When I am forced to travel to LA on business I have always cringed. Boring, un-inventive restaurants, shallow blond people, a ruined environment and really just smog and those beaches (what is the big deal, its just sand and water?)…it never impressed me.

And to see “the industry” portrayed on TV and the awards etc makes you realize what a fake, shallow place it is. We see S.F. and somehow think all of CA is progressive. I love the Santa Rosa area myself, and the skiing around Tahoe, but my family has never, ever seen California as a place to look up to.

Think about it…a state where the one thing everyone has in common…a desire for sunny days, really is shallow by definition.

Too bad, the geography is stunning, it should be a great place. But it doesn’t even have any history going for it, everything is new and ugly.

I do hope prop 8 is struck down and that our friends in California get equality back…..but either way it goes it can’t change my image of the state as over-paved, ugly, full of shallow un-intersting people and not worthy of my tourist dollars. I’ll stick to the business trips and occasional Sonoma visits, but spend my time in more intersting places when it is up to me.

By: Ben

Ben — Thu, 02 Apr 2009 01:04:07 +0000

@European – There is a legal idea called ripeness, basically that “a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all.” Courts tend to not pre-review issues on ballots because if the people vote it down then the case becomes moot.

By: Allen

Allen — Thu, 02 Apr 2009 00:29:23 +0000

Does the state of CA really become a land of unequal protection for other minority and suspect classes if prop 8 is upheld? I think not.

If after this ruling an initiative were to pass explicitly discriminating against women or race, they can kick the case to the federal court system where it will be knocked down. But federal law doesn’t view sexual orientation on the same grounds.

Upholding Prop 8 essentially will act as a gateway to ensure other minorities will get their day in a federal court where fairness will likely prevail, but for GLBTs not so much.

By: European

European — Wed, 01 Apr 2009 17:43:41 +0000

I’m sorry, Californians.

But how can you expect the Court to strike down proposition8 if it let it go to the ballot in the first place?

It would be inconsistent of them, wouldnt it? Oh sorry, we didnt realize 1 year ago that it was a revision, now we do: struck down.

By: drewski

drewski — Wed, 01 Apr 2009 16:58:47 +0000

Well, as much as it’s not the outcome I want, part of me would not be entirely sorry to see 8 upheld. One gesture takes away California’s well-cultivated fantasy of welcoming everybody. In cross-section, it’s no more and no less welcoming and open than Dallas, or Miami, or Loudoun Co VA. It’s NOT the liberated paradise by the sea, and upholding 8 could do quite a bit of economic damage. Said it before, say it again–you have a world-class researcher, working with stem cells, and they can go to SF or Boston. HAHAHA–turns out your fundamental rights in Mass are far more solid than in CA. Software development–Austin is MUCH cheaper than San Diego, and probably more liberal in local politics. The list goes on.

Also, court validation of 8 could have its own backlash. I would hazard a guess that there could well be riots in SF, Oakland and LA, possibly Long Beach, possibly Sacramento itself. Ahnuld and the state GOP could have just made themselves the target, just as they targeted Gray Davis a few years back. It will be very interesting, but I hope that it provides some humility for a state which has the unfortunate habit of regarding itself as morally and socially superior to the rest of the country. I don’t intend any malice to individuals, but it does seem to be a kind of karmic payback for Cali’s dismissive view of The Flyover.

By: Frank

Frank — Wed, 01 Apr 2009 16:00:02 +0000

Someone need to remind Justice Kennard that California used to intern gays and torture them, and that a ruling which says that a fundamental right of a minority can be overturned on a mere majority vote paves the way for that to happen again.

You’d think Justice Kennard, who grew up in a Japanese internment camp, would understand that.

By: Hawk

Hawk — Wed, 01 Apr 2009 14:56:58 +0000

“Chris Sullivan Said:
If Prop 8 is supported by the CA Supreme Court, then the question remains – If something can be taken away so easily, was it worth having in the first place?”

Exactly!!!

Sparation of Church and State… sure… but NOT Church and Politic’s!!!

I will not be to surprised when the let Prop H8 stand, why, cause things are all political now, not for the good of the people. If they strike it, then I will be surprised. Even though, right after their ruling last year that Prop H8 removed from the ballot before voting on it. Amendment or Revision… SAME THING people, so it should be stricken from the books but we shall see.

This country has fallen to what the founding fathers put in the original documents wrote to AVOID. The majority is stomping on the minority’s, the people are taxed WITHOUT representation, the church is making laws to suit THEIR needs and wants… and I can go on for a long time on this. Case in point fully read the First amendment, and look what is going on around us, and you tell me any different.

On topic – nice article…

Remember people, the Boston Tea Party was over 1% tax…

By: Robert, NYC

Robert, NYC — Wed, 01 Apr 2009 12:30:13 +0000

My gut feeling is that Prop. H8 will be upheld and I’m holding my breath that it won’t.

By: Sam

Sam — Wed, 01 Apr 2009 11:50:10 +0000

Brilliant editorial. I have no idea which way the Court will rule on Prop 8, but the argument presented here for striking it down is the most honest and logical of any argument I’ve heard on either side. It’s right on the mark word for word. I hope all of the justices read this editorial before making up their minds…there would be no other valid choice than to strike down Prop 8.

By: Chris Sullivan

Chris Sullivan — Wed, 01 Apr 2009 09:13:44 +0000

If Prop 8 is supported by the CA Supreme Court, then the question remains – If something can be taken away so easily, was it worth having in the first place?