Just when you think you can’t be more outraged by the religious right … WRONG!
Several law suits have been filed to overturn or repeal Proposition 8 because it is UNCONSTITUTIONAL to strip away existing rights AND because it’s none of their f&@king business. Really, how can love and commitment be wrong? And isn’t this threat just plain and simple blackmail?
The Los Angeles Times reports this morning:
Since voters approved Proposition 8 earlier this month, opponents have filed six lawsuits to overturn it. The court agreed to review three of them.
Gay rights advocates argue that the measure was a constitutional revision, instead of a more limited amendment. A revision of the state Constitution can be placed before the voters only by a two-thirds vote of the Legislature or a constitutional convention. Proposition 8 reached the ballot after a signature drive.
In addition to asking for more written arguments on the revision question and the status of existing marriages, the court told lawyers to address whether Proposition 8 violated the separation of powers doctrine under the California Constitution.
Gay rights lawyers have argued that the measure took away the ability of California’s courts to ensure equal protection for minorities who have historically suffered discrimination.
The lawsuits also contend that the initiative was a constitutional revision because it denied equal protection to a minority group and eviscerated a key constitutional guarantee. Supporters of Proposition 8 counter that it merely amended the Constitution by restoring a traditional definition of marriage.
The court’s previous rulings on similar lawsuits have been mixed. The court has upheld at least six initiatives and rejected only two that were challenged as illegal revisions.
Supporters of Proposition 8 have threatened to try to oust any justice who votes to overturn the measure, but the official campaign has distanced itself from that threat. The court’s members serve 12-year terms and appear on the ballot unopposed in retention elections. Opponents could try to unseat them during their retention elections or try to mount a recall.