So reports the San Francisco Chronicle, reporting that the decision is 6-1. (Thanks to How Appealing for the pointer.) I can't access the opinion right now at the California Supreme Court site, presumably because of high traffic, but I hope to comment on it as soon as I read it. UPDATE: Got the opinion now, thanks to Chris Geidner; hope to blog about it soon.
In the meantime, good advice for the pro-same-sex-marriage forces from Chris Geidner (LawDork):
All weekend, Twitter and the blogosphere have been abuzz with the Day of Decision rallies planned across California and the nation. Its organizers, who include Robin Tyler and Andy Thayer, state: "[I]f the court rules against us, make sure that our angry voices are heard around the nation. Anger at denying an entire group of people our civil rights is perfectly legitimate and appropriate."
This reasoning is incomplete, misguided and horribly short-sighted, and it is my hope that marriage equality leaders like Evan Wolfson, Mary Bonauto and Andrew Sullivan would concur.
First, this is not a ruling about whether marriage equality is correct or just. This is a ruling about whether the California Constitution allows a measure like Proposition 8 to be voted into the Constitution by the people. Even if there is some overriding federal claim that marriage equality is guaranteed by the U.S. Constitution, it was not raised by the parties here....
Third, and most simply, this is not the righteous anger exhibited this past fall. This decision is likely to be a complex one turning one the intricacies of California constitutional law, as well as its common law history and principles of equity. That is not protest-worthy, however, so the decision will have to be simplified to the point of being unrecognizable in order to provide the tinder sought by the organizers to light the fire of protest in their attendees' spirits....
Related Posts (on one page):
- What If the Voters Overturn Other Constitutional Rights Decisions?
- Justice Moreno's Partial Dissent:
- What Next for Same-Sex Marriage in California?
- Popular Sovereignty:
- The California Supreme Court on Attorney General Jerry Brown's Arguments Against Prop. 8:
- The California Supreme Court on Amendment vs. Revision:
- From the California Supreme Court's Prop. 8 Decision:
- California Prop. 8 Upheld, But Held Not To Affect Existing Same-Sex Marriages: