California Supreme Court

  • metta

    Posts: 39169

    Apr 04, 2009 8:00 AM GMT
    Do you have any guesses as to what the California Supreme Court will decide?


    My guess:

    1. Does not overturn prop 8. Marriage between a man and a woman.

    2. Removes the term marriage and only recognizes civil unions in the future.

    3. Grandfathers in couples that are already married: straight and gay couples.

    3. People could still get married through a church but the state would not recognize it as a marriage. They would recognize only civil unions, with the exception of the grandfathered in couples. Who can get married will depend on the church or organization.

    I'm not sure how they will deal with marriages from other states but the gay and straight marriages should be treated the same.

    Again, this is just a guess.



    What do you think the California Supreme Court will decide?
  • roadbikeRob

    Posts: 14395

    Apr 04, 2009 2:44 PM GMT
    It is going to be very hard to predict what the California Supreme Court will decide on the challenge to the voter approved gay marriage ban. There appears to be too many complicated legal issues surrounding this controversial case. I am hoping that the California Supreme Court will overturn this horrendous proposition 8 vote and make gay marriage legal again in California. The recent court decision in Iowa favoring gay marriage might have a positive impact on the court's decision. Time will only tell.
  • Posted by a hidden member.
    Log in to view his profile

    Apr 06, 2009 4:28 PM GMT
    1 and 3

    Maybe 2
  • Posted by a hidden member.
    Log in to view his profile

    Apr 06, 2009 4:43 PM GMT
    1 and 3

    Never 2.

    That's just not going to happen. I would be shocked if they do remove the term marriage.

    Here's a radical thougt given the recent events regarding Gay Marriage they could actually over-turn prop 8.

    Just sayin.
  • Posted by a hidden member.
    Log in to view his profile

    Apr 06, 2009 4:56 PM GMT
    The California Supreme Court will definitely decline to overturn Prop 8. The Justices made that clear during the oral arguments.

    They may have to let the marriages performed prior to Prop 8 stand. There is no retroactive provision in the amendment.

    I doubt the court will permit civil unions to continue, either. I felt at the time the court made its pro-gay marriage decision that it was a set-up, to produce just the kind of anti-gay constitutional amendment that resulted with Prop 8.

    The Justices have not been notably gay-friendly in the past, and their decision was a departure from past rulings. It made me suspect they were creating the scenario that developed, with the passage of an anti-gay voter amendment that trumps all future court rulings that might have been favorable to gays.

    The only future for gay marriage in California lies with yet another constitutional amendment action, perhaps possible in 5 to 10 years from now. The US Supreme Court, BTW, is a dead end to overturning the CA amendment, as President Obama will be unable to replace the current Conservative Justices until his second term, if then. Until then the Republican Conservatives on the Court will endorse any anti-gay measure they review.
  • Rookz

    Posts: 947

    Apr 06, 2009 5:02 PM GMT
    Wow, thank you Red Vespa. That was something that good to hear instead of a given choices.
  • metta

    Posts: 39169

    Apr 07, 2009 6:21 AM GMT
    withHonor saidWow, thank you Red Vespa. That was something that good to hear instead of a given choices.


    I think that you misunderstand. I was not asking people to choose from the above choices. It was just a guess of what may happen. There are of course other options not listed above.
  • Anto

    Posts: 2035

    Apr 07, 2009 6:40 PM GMT
    They may have to let the marriages performed prior to Prop 8 stand. There is no retroactive provision in the amendment.

    It did say in the ballot description that the ban against same-sex marriage would apply to marriages regardless of when or where they were performed though.