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California Proposition 8 in limbo
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California Proposition 8, a referendum on gay marriage rights, may or may not have been defeated last night. While the final results have yet to be announced, the count as of now is 52% to 48%. Challenges are coming from two fronts.
Civil rights groups moved quickly today to challenge Proposition 8, asking the California Supreme Court to strike down the latest attempt to ban same-sex marriage across the state.
The legal challenge maintains that Proposition 8 is invalid and takes away a "fundamental right'' from "just one group —
lesbian and gay Californians.'' The petition argues that the state constitution cannot be amended if it violates other constitutional rights.
The state Supreme Court this spring struck down California's previous laws banning gay marriage, finding that they violated the state constitution. That 4-3 ruling set in motion the political firestorm over Proposition 8, which was designed to trump the Supreme Court's decision. (Link)
No on 8 groups are refusing to concede and claim large numbers of absentee and provisional ballots remain to be counted.
Kate Kendall, executive director of the National Center for Lesbian Rights, said 3 million to 4 million ballots remain uncounted statewide. “The fact is depending on the turnout model we are looking at millions of votes yet to be counted,” Kendall said. The race is too close to call. People’s fundamental rights hang in the balance.” (Link)
Look, this is becoming kind of stupid. State Supreme Courts will continue to, when they finally have a case presented to them, rule same sex marriage bans violate the U.S. Constitutions 14th Amendment. And as voters are asked to decide about banning same sex marriages, the margin of victory will continue to shrink.
If Prop 8 is passed, you can be assured it will come up again in 2010. And if it loses then, it will be by an even narrower margin and come up again in 2012. People just won't settle for wholesale discrimination for much longer.
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