The California Supreme Court may reveal its decision on Proposition 8 as early as tomorrow, the L.A. Times reports:
"By now, the court already has drafted a decision on the case, with an
author and at least three other justices willing to sign it. Oral
arguments sometimes result in changes to the draft, but rarely do they
change the majority position. The ruling is due in 90 days. Chief Justice Ronald M. George, who wrote the historic May 15, 2008,
decision that gave same-sex couples the right to marry, will be the one
to watch during the hearing because he is often in the majority and
usually writes the rulings in the most controversial cases."
Attorneys Shannon Minter, who argued the successful case for same-sex marriage last year, and former Clinton prosecutor Kenneth Starr will present arguments for and against Prop 8.
The paper also claims, "Most legal analysts expect that the court will garner enough votes to
uphold existing marriages but not enough to overturn Proposition 8. The
dissenters in May's 4-3 marriage ruling said the decision should be
left to the voters."
California Attorney General Jerry Brown published a piece in the Huffington Post yesterday reiterating his position that Proposition 8 be overturned.
Said Brown: "The case touches the heart of our democracy and poses a profound
question: can a bare majority of voters strip away an inalienable right
through the initiative process? If so, what possible meaning does the
word inalienable have? The state faced a dilemma like this before. In 1964, 65 percent of
California voters approved Proposition 14, which would have legalized
racial discrimination in the selling or renting of housing. Both the
California and U.S. Supreme Courts struck down this proposition,
concluding that it amounted to an unconstitutional denial of rights. As California's Attorney General, I believe the Court should strike
down Proposition 8 for remarkably similar reasons — because it
unconstitutionally discriminates against same-sex couples and deprives
them of the fundamental right to marry."
Crowds are expected to descend on the state capitol tomorrow for what is likely the state's most-watched case in history. As I noted earlier this week, vigils are to be held this evening across California.
Vigil information here.
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Arguments Challenging Proposition 8 to Be Heard Thursday [tr]