Dissent

Marriage Lest the news of Proposition 8 be the ultimate buzz kill for today (which it sort of is), it's worth reading the opinion from California Supreme Court Justice Carlos Moreno, who was the only judge dissenting in today's 6-1 decision upholding Proposition 8. Moreno, who was actually rumored to be on Obama's shortlist for the open Supreme Court vacancy that this morning went to Sonia Sotomayor, had this to say:

 

In my view, the aim of Proposition 8 and all similar initiative measures that seek to alter the California Constitution to deny a fundamental right to a group that has historically been subject to discrimination on the basis of a suspect classification, violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning.  Such a change cannot be accomplished through the initiative process by a simple amendment to our Constitution enacted by a bare majority of the voters; it must be accomplished, if at all, by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons.  I would therefore hold that Proposition 8 is not a lawful amendment of the California Constitution.

It's nice to know that at least one Judge has his wits about him.

Proposition 8 contradicts California's equal protection clause.

Leave a Reply

Your email address will not be published.