The California Supreme Court appeared willing Thursday to allow Proposition 8 to stand, with key justices during oral arguments expressing skepticism at the legal reasoning made by attorneys urging the striking of the "gay marriage" ban.I wouldn't go counting my chickens just yet, for a supposedly conservative court (6 of the 7 members were appointed by Republicans), these justices have fooled us before. My uneducated guess is that a "compromise" is reached where Prop 8 stands, but so does the gay "marriages" that took place before the ban.
At issue is an amendment to the state constitution passed by a majority of voters last fall defining marriage as being between one man and one woman. Prop 8 overturned a 4-3 ruling six months earlier by the court legalizing "gay marriage." California became one of 30 states with such an amendment.
"From what I'm picking up from the oral arguments in this case is that this court should willy-nilly disregard the will of the people," Justice Joyce Kennard, who voted with the court's majority last year, told an attorney who was arguing against Prop 8. "… The people established the constitution. As judges, our power is very limited." If Kennard and the three minority justices from last year vote to uphold Prop 8, then it will stand. But she may have company, as Chief Justice Ronald M. George and others also seemed critical of legal arguments put forth by Prop 8 opponents.
Prop 8 opponents had an uphill battle with Kennard, who had voted not to even take the case. If Prop 8 is upheld, the justices also must determine whether the thousands of "gay marriages" conducted prior to November remain valid. The court was less than clear which direction it would take there.