Posted by
TheChair on Tuesday, August 05, 2008 11:38:11 AM
California Attorney General Jerry Brown thinks that even if Prop. 8 passes, it won't retroactively annul all the California same-sex marriages that have taken place contrary to the will of the People.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/05/BA8P1250FN.DTL No doubt it's headed for litigation the morning after it passes. Aside from his views being a self-fulfilling prophecy--Brown is the Attorney General who would represent the state in any lawsuits--there is cause to worry that Brown's views are otherwise well-founded. Judges are going to be loathe to undo these marriages. It boils down to this... the state Supreme Court has a bleeding heart majority, the Ninth Circuit is about as far left as you can go, and the U.S. Supreme Court these days spits out 5-4 decisions on social issues with Justice Anthony Kennedy most often swinging the result just a single vote to the left.
No matter. For now, pro-marriage forces ought to concentrate on passing Prop. 8 in hopes of keeping the house from burning down. Californians need to send a message its Supreme Court and its Attorney General not to mess with the good and just will of the People.