Prop 8 Arguments will be heard on March 5th
by nikkid, Wed Mar 04, 2009 at 05:50:14 AM EST
On Thursday, March 5th the CA Supreme Court will hear oral arguments regarding the overturning of Prop 8.
Tomorrow, those interested will be able to watch live streaming of the court proceedings on the California Channel, link here:
After the arguments are heard, a decision should be made within 90 days, or June 5th at the latest.
There are several cases to be heard in the oral arguments regarding Prop 8 and these cases are outlined at the California Court Website here:
Jerry Brown, Ca. Attorney General, wrote a piece in Huffington Post yesterday outlining the reasons why Prop 8 should be overturned and you can read about it here:
The essence of his argument to overturn Prop 8 is discrimination.
Fundamental rights of citizens are protected in the CA Constitution. Article 1, Section 1 declares "all people are by nature free and independent and have inalienable rights" and "among these are enjoying life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
Brown states that the CA Supreme Court already decided in 2008 that same sex couples could marry legally because the concept of "liberty" allows for enduring relationships called marriage. There are no compelling arguments to deny this liberty just as there were no compelling arguments to deny the liberty of African Americans in 1964 when Prop 14 was passed.
In 1964, 65% of Californians voted overwhelmingly to pass Prop 14 which legalized racial discrimination in the selling and renting of housing. Both the CA and U.S. Supreme Courts struck down this voter-approved proposition because it segmented and discriminated against a group of people and was found to be unconstitutional.
The same argument can be made in the case of Prop 8. That a segment of the population is being discriminated against and that segment's inalienable rights are being taken away.
This should be a very interesting proceeding to watch as it is packed with legal "stars" arguing their cases. Arguing to overturn Prop 8 will be Gloria Allred, SF Deputy City Attorney, Terry Stewart, and Shannon Minter (who argued for the Gay Marriage Ban to be overturned in 2008). It is not clear to me whether or not Jerry Brown himself will also present oral arguments in support of overturning Prop 8.
Arguments in Favor of Prop 8 will be argued by none-other than "Mr. Impeachment/Whitewater" himself - Kenneth Starr.