Supreme Court doesn't give gays the courtesy of a reacharound

Celebrating the Prop 8 ruling? Not so fast. The Supremes didn't rule on Prop 8 at all, just that Prop 8 supporters didn't have legal standing to challenge the lower court's ruling against 8. And since Governor Jerry Brown and Attorney General Kamala Harris don't like Prop 8 and refused to defend it, there's no one to take the case to court.

In fact, the ruling undermines the California initiative process by allowing the Governor and Attorney General to refuse to defend anything they don't like. How about Prop 13? Legal professors are already saying this opens a door to kill it. Somebody sues against Prop 13 in federal court, Brown and Harris refuse to defend it, et voilĂ , game over!

Gay marriage advocates deserved their day in court. They probably would have gotten Prop 8 ruled unconstitutional. They didn't get it. This was a trick by Brown and Harris that backfired, and a punt by the Supremes.


Dean said...

As a home-owner, wouldn't I have legal standing as a repeal of Prop. 13 would cause me financial harm? Your concern is well-founded, however.

W.C. Varones said...

Probably right. But you can envision other scenarios like Prop 8 where no one would have clear standing from direct injury.

W.C. Varones said...

e.g. term limits

K T Cat said...

For me, the scary thing about the Prop 8 challenges had nothing to do with the topic. Instead, overturning Prop 8 wipes out the whole concept of democracy in California. We voted on it legally and it was written as a very clear constitutional amendment. When the courts overturned it, they basically eliminated our right to make laws. We are no longer self-governed, but instead live at the whim of the judges.

You confuse gay rights with what is happening here. You just lost the vote. Oh sure, you can still waste your time going into a polling booth, but it's got as much impact as a Playskool Drive-with-Mommy toy does in your car. You turn the wheel and honk the horn, but nothing is actually happening. Mommy is driving and you are just playing with your toy in the back seat.

Overturning Prop 8 is the end of democracy, period.

W.C. Varones said...

Ah but democracy is two wolves and a sheep voting on what's for dinner.

Regardless of our views on this issue, I don't think you would want the people of California to be able to vote whatever they want to do to you, would you?

The Constitutional Republic was established to protect individuals from democracy.

Happy Super Tuesday!