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

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.” (More California stories.)

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