An interesting LA Times article describes the cases for and against the gay marriage ban in California. The big quesition: does the California Constitution forbid unequal treatment of LBGT couples?
Unfortunately, the Court may end up deciding more in deference to politics and power than in deference to the equal protection of the law.
Then there is a political element. Like the Massachusetts high court, the California Supreme Court has six Republicans and one Democrat. But members of the Massachusetts court are appointed for life. California’s justices must appear on the ballot every 12 years, and some legal scholars believe that requirement could make the justices more cautious.
“The Massachusetts court is going to start taking a lot of hits,” Uelmen said. “It already has started” with President Bush, he said.
“I think it has a chilling effect when the president refers to arbitrary court decisions and comes close to saying ‘lunatic court decisions.’ I think that will have a chilling effect on whether other courts would want to put themselves in this corner.”
Via Marriage Debate..
Frustrated, horrified, frightened, dismayed, disgusted, appalled....