Schwarzenegger Urges Supreme Court To Overturn Proposition 8

Movie star-turned-California Governor ARNOLD SCHWARZENEGGER is urging the state Supreme Court to overturn the controversial bill that banned gay marriage last week (04Nov08).
The Proposition 8 bill was voted in earlier this month (Nov08), overturning an earlier ruling legalising same-sex unions in the state.
In an interview on network CNN on Sunday (09Oct08) he said, "It's unfortunate, obviously, but it's not the end. I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."
Speaking to gay marriage supporters he added, "I learned that you should never ever give up... They should never give up. They should be on it and on it until they get it done."
Gay unions were legalised in the state in May (08), which led to a flurry of celebrity weddings including TV host Ellen DeGeneres' marriage to longtime partner Portia de Rossi in August (08).


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Prop 8 IS unconstitutional's picture

Prop 8 IS uncon...

To AnonyMe:It's not as simple to amend the constitution to take away equal protection rights as the Prop 8 supporters think. I urge you to read the brief filed with the Supreme court challenging Prop 8, as it contains a very good discussion about the distinction between a constitutional amendment and a revision. (All of the papers on file are available to read on the Cal Supreme Court website.) In particular, it explains why equal protection rights should not be taken away by a simple majority vote. The equal protection clause in both the state and federal constitution exists precisely to protect people from the whims of the majority. As the California Supreme Court has already held that gays and lesbians are a "suspect class" under the California consitution, I believe it will find that Prop 8 is invalid as a constitutional amendment.
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praalice's picture

praalice

it's not a civil matter is a moral matter right.if my vote did not count then why vote at all?make it clear the people have voted twice now and yet our "governor" if you can say he is a "governor" won't listen to the same people that vote for him? why is that??
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debbym

Ok so lets put a prop on the ballot against practicing religion and see if thats going to pass. Anyone can put a prop on the ballot but that doesnt mean it's legal.
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AnonyMe's picture

AnonyMe

No matter which side you're on, the CA Supreme Court has no say on this one. Prop 8 wasn't a bill, it was a Constitutional Amendment that was enacted according to the State Constitution. Therefore, it can't be called unconstitutional. The only way it could be is if you found something in the US Constitution that protected gay marriage. Then you might be use the Supremacy Clause and conflict preemption to have the Amendment invalidated.
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