Prop 8 Furor Squeezes Calif. Court

Groups would move to oust any high court members who overturn gay-marriage ban

By Katherine Thompson, Newser Staff

Posted Nov 19, 2008 9:43 AM CST

(Newser) – California’s moderately conservative Supreme Court faces pressure from both fronts of the gay-marriage battle, the Los Angeles Times reports. Opponents of Proposition 8—including Gov. Arnold Schwarzenegger—are collecting arguments for why the amendment should be struck down, while supporters have promised to oust judges who rule the other way. Justices are supposed to ignore such threats, but that may prove difficult.

Legal scholars note a dearth of precedent for overturning the amendment, but a group of law professors has called Proposition 8 an illegal revision to the state’s constitution. “It’s really a long shot,” a Yes on 8 lawyer said. “Case after case has challenged what voters have done and the court time after time has upheld the people’s power.”

[Images (3)]

[Quotes (2)]

Protesters gather to express their anger against the passage of Proposition 8, Nov. 8, 2008 in Los Angeles. (AP Photo)

Ellen DeGeneres and Portia de Rossi wed in California while it was legal. Prop 8 opponents say restricting equal rights is a more sweeping constitutional change than an amendment can make. (AP Photo)

The unidentified driver of a pickup truck that had a "Yes to Prop 8" banner torn off it tells protesters to back away as hundreds demonstrated against the Mormon Church's support of the amendment. (AP Photo)

« Prev« Prev | Next »Next » Slideshow

I don't believe this is a court that is going to give in to political pressure either way. I believe they will exercise their duty as the highest judicial officers of the state. - Hastings law professor Donna Ryu, who wrote a law professors' letter to the State Supreme Court

It is a time of lots of crocodiles in the bathtub. Their oath requires them to ignore these kinds of political threats. But the threat of having to face a contested election is a significant one.
- Santa Clara University law professor Gerald Uelmen

« Prev« Prev | Next »Next » Slideshow

To report an error on this story, notify our editors.

More Newser Stories

Calif. Gay Rights Group Delays Push for Marriage

(NEWSER) - One of California's biggest and most influential gay rights groups says it will delay a ballot push to overcome the state's ban on same-sex marriage until 2012, the Los Angeles Times reports. Equality California, which led the failed effort to defeat Prop 8 in November, says there is too little time to raise the millions of dollars necessary for a 2010 offensive. More»

Calif. Gay-Marriage Ruling Comes Next Week

(NEWSER) - The California state Supreme Court will issue its opinion on gay marriage Tuesday, the Los Angeles Times reports. The court will rule on three questions, including two challenges to the constitutionality of Proposition 8, which outlawed same-sex nuptials. One challenge comes from gay-rights lawyers who argue that Prop 8 was an illegal revision of the constitution, and not an amendment as it was sold. More»

Calif. Dems Urge State Court to Dump Gay Marriage Ban

Supporters call move a 'hail mary'

(NEWSER) - Democratic legislators in California have filed a brief calling on the state Supreme Court to reject a ballot proposition that would ban gay marriage in the state, the Los Angeles Times reports. The measure, Proposition 8, passed by some 500,000 votes. The lawmakers argue that such sweeping change would require a full constitutional revision by the legislature. More»

Supreme Court's Move on Gay Marriage? Maybe Not

Prop 8 ruling is limited to California, providing a potential reason to skip

(NEWSER) - Kevin Drum at Mother Jones thinks today's court decision declaring California's ban on gay marriage to be unconstitutional is "great news" for sure, but he's not getting too excited just yet. Most people think this one is headed to the Supreme Court, where it looks like Anthony Kennedy will once again provide the swing vote, and "the betting money says this will get overturned 5-4," writes Drum. He also notes that the ruling is "very narrow" and limited to California. More»

Court Blocks California's Ban on Gay Marriage

Declares Prop 8 unconstitutional, paving way for Supreme Court decision

(NEWSER) - A big win for gay rights in California, at least for now: In a 2-1 decision, a federal appeals court ruled that the state's ban on gay marriages is unconstitutional. Supporters of Proposition 8, which limits marriage to a man and a woman, plan to appeal, paving the way for a Supreme Court ruling on same-sex marriage as early as next year, reports the Los Angeles Times . More»

NEWS FROM OUR PARTNERS

What is Newser?

Face it: there's too much news. At Newser, we choose the most thought-provoking and entertaining stories from hundreds of US and international sources and reduce them to a headline, picture, and two paragraphs. And we do it 24/7—you can come back morning, noon, night (and in between) for something new that matters. Read less, know more.

Learn more »

Partnering with: Slate

View Newser on the mobile website

Prop 8 Furor Squeezes Calif. Court