19 November, 2008

Upping the Ante in the Prop 8 Battle

Have I ever mentioned that I think that electing judges is a bad idea? Cases should be decided on law rather than political survival, but that's what the legal challenges to Prop 8 may come down to:
Six months ago, California's highest court discarded its reputation for caution and ended the state's ban on same-sex marriage.

Now the moderately conservative state Supreme Court is being asked to take an even riskier step -- to overturn the November voter initiative that reinstated the gay-marriage ban and possibly provoke a voter revolt that could eject one or more of the justices from the bench.


Civil rights groups, churches and local governments have filed six lawsuits asking the court to declare the measure an illegal constitutional revision. Letters also have poured into the court pleading for urgent action, and anti-Proposition 8 rallies have attracted large crowds statewide.

At the same time, opponents of gay marriage have warned that they will work to oust any justice who votes against Proposition 8, a threat particularly palpable in a year when voters in other states have booted six state high court justices after campaigns by special interest groups.
These people will take their hate to any lengths. But they want you to think they're all reasonable and respectful of the law and stuff:
The official Proposition 8 campaign has discouraged supporters from threatening a recall while the court is considering lawsuits to overturn the measure.

"We think the discussion of a recall at this point is premature and not helpful to the current situation," said Andrew Pugno, a lawyer for the campaign. "The court should have a chance to do the right thing."

But if the court voted to overturn Proposition 8, "no one would be able to stop" a recall, he said.
Translation: as long as the justices do what we want, we don't have a problem. If the justices don't do what we want, we'll destroy them.

Prop 8 antagonists need to let those justices know they'll have their backs. Otherwise, we're going to get a ruling tainted by political threats, rather than a dispassionate consideration of the law.

Let's just hope the Prop 8 crowd continues to spend themselves into mass lay-offs. It would be nice to see them take aim at civil rights and blow off their own legs.

(Tip o' the shot glass to TeddySanFran at Daily Kos)

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