Tuesday, November 18, 2008

Could California's Proposition 8 Already be Invalid?


Image from Sydney Morning Herald

Well, this is interesting. Check out the wording of the California Supreme Court's original wording, when deciding to allow same-sex marriage in the state:

[Excerpt]

Has the CA Supreme Court already said they'd throw out Prop 8?

"..under this state's Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process."

That's a wrinkle I haven't seen anywhere else. Some of the people in the comments section say "no," this argument won't work. But who knows?

Source: Pam's House Blend


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