Wednesday, June 17, 2009

Schwarzenegger says Proposition 8 may violate U.S. Constitution

As reported in today's L.A. Times ...

Gov. Arnold Schwarzenegger today told a federal court in San Francisco that the state does not dispute that Proposition 8 may violate the federal Constitution and called for quick action to resolve the legality of the ant-gay measure law.

“Plaintiffs’ complaint presents important constitutional questions that require and warrant judicial determination," the governor said in a written response to a federal challenge of the anti-gay marriage ballot measure.

" In a constitutional democracy, it is the role of the courts to determine and resolve such questions. … The administration encourages the court to resolve the merits of this action expeditiously.”

U.S. District Judge Vaughn Walker has scheduled a July 2 hearing on arguments whether Proposition 8 should be blocked pending a trial on its constitutionality.

The state has opposed an injunction on the grounds that it could create legal chaos if the measure is eventually upheld. The federal lawsuit was filed shortly before the California Supreme Court rejected challenges to the measure on state constitutional grounds. Atty. Gen. Jerry Brown has argued that Proposition 8 violates the 14th Amendment of the U.S. Constitution.

He also argued unsuccessfully in state court that the measure violated the California Constitution.

"We are extremely pleased Gov. Schwarzenegger does not dispute the unconstitutionality of Proposition 8 and agrees that swift action is needed to ensure that every person is treated equally under the law,” said Chad Griffin, president of a group formed to back the federal challenge.

7 comments:

john said...

To repeat, wouldn't it be a kick in the pants if Obama were the last public official NOT to support equal rights for same-sex partners?

Refresh my recollection, what was all that "Audacity of Hope" business about?

SUSAN RUSSELL said...

Maybe we should re-frame that famous "Where's the Beef" commercial with one that asks "Where's the Audacity?"

john said...

Good idea! Work something up and copyright it right now!

PseudoPiskie said...

A CafePress tee?

IT said...

From Daily Kos: The Audacity of Nope.

susankay said...

Schwarzenegger is spot on but don't expect an appropriate response from THIS Supreme Court. (You know, Aahnold COULD have campaigned against Prop H8

Fr Craig said...

you go, Arnold! I suspect it's the Kennedy wife at work...