Prop 8 before the CA Supreme Court
Aaaaaand, the culture war rages on.
Think what you like about “gay marriage”… what we see unfolding now is no longer an issue of whether or not LGBT folk can marry one another. (For the record, I believe that government should have no say in who marries whom, other than to record the fact of the marriage)
It is in fact, a constitutional crisis, both for California, and potentially for the US Constitution, should the California Supreme Court choose to override a public referendum - setting itself up as the penultimate authority OVER the state constitution from which its jurisdiction arises.
I wonder if there is a provision in the CA Constitution that allows for unconstitutional judgments to be voided, or for the California legislature to remove judicial review/jurisdiction from the court.
Not very likely though, given that the CA Supremes ruled in favour of granting marriage to LGBTs in the first place… and by reviewing this case - if it goes unchallenged should it choose to overturn a CONSTITUTIONAL referendum - the will of the people - it will heap to itself enormous powers, a precedent that other courts will be very quick to observe.
I guess we shall see in about 90 days whether or not that Court upholds its own state constitution, in spite of its own views on the subject matter of the case.




