Sunday, January 17, 2010

Gloomy Outcome for the Prop 8 Case?


L.A. Times talks about the outcome of the Federal Prop 8 case... It's not so good.

Mad Professah has outline specific key paragraphs:
Legal experts on the left and right gleaned three insights from the high court intervention:

First, the justices are following this case closely. They typically rule on appeals after cases are decided. It is rare for them to intervene in a pending trial.

Second, the court's conservatives do not trust Walker to set fair rules for proceedings. Their opinion described how he had given shifting explanations of his plans. This suggests Walker's ruling on Proposition 8 may be viewed with some skepticism.

And third, the majority has a distinct sympathy for the foes of same-sex marriage. The justices cited a series of newspaper stories reporting on the threats and harassment faced by those who have publicly opposed gay unions.

"The ideological split was stunning," said Erwin Chemerinsky, a liberal law professor and dean of the UC Irvine Law School. "It made me think of Bush vs. Gore" -- when, after the 2000 presidential election, the Supreme Court issued a 5-4 emergency order to halt the recount of Florida's paper ballots and three days later ended the recount.

Last week's intervention in the San Francisco case "suggests the majority has a very strong sympathy for Prop. 8's supporters," USC law professor David Cruz added.

M. Edward Whelan, a conservative former clerk to Justice Antonin Scalia, called the high court decision "a stinging rebuke" of Walker that "strongly signals that at least five justices have serious questions about his impartiality and judgment in this matter."

Chemerinsky, Cruz and Whelan all cautioned against predicting the outcome in the high court, but said the justices' ruling was an early sign that the advocates of a constitutional right to same-sex marriage may face an uphill fight.
Not cute, I know. However, I still have hope. Maybe justice will prevail. But it's interesting how they are painting the foes as poor defenseless people with hate-ridden opinions. How can that be?

How can folks feel sorry for them? They imposed their views on us, they manipulated the public about our lives, they used and bend religion for their own means. How dare they!

It's interesting, but eye opening. It just reinforces how his will not be a quick battle. This will be a long, long journey we have to be ready for. I just hope we win this.

2 comments:

Anonymous said...

It reminds me of the harassment so many of us receive because the churches teach them how to handle "Undesired Gayness" by crying sexual harassment just because a co-worker happens to be out. Such ludicrous nonsense.
hugz

Anonymous said...

I can see that the side trying to invalidate Prop 8 is doing this very methodically. In essence they have to prove that gay people are a suspect class.

To me that's a no-brainer. If religion is a supect class then so to is being gay.

But it hinges on defining what gay is and whether or not it is immutable. I say it is immutable, you cannot change it, as is the case with the ex-gay movement. They may not practice anymore but they're still gay. They are basically sublimating their desire for same-sex relations with a devotion to Jesus Christ.

That never works.

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Viktor is a small town southern boy living in Los Angeles. You can find him on Twitter, writing about pop culture, politics, and comics. He’s the creator of the graphic novel StrangeLore and currently getting back into screenwriting.