Question re: prop 8

Katie_F

Explain to me how it would get to SCOTUS.

If it goes to the CASC, and the CASC strikes it down. ?That's it. ?If they don't, does the ACLU then change its argument and say that the amendment violates the U.S. Constitution as opposed to the State one? ?If so, wouldn't that be a new case? ?I'm slightly confused as I thought that SCOTUS did not have the ability to over-rule state Supreme Courts on issues of state law unless they are in direct violation of the U.S. Constitution.

I guess I'm just slightly confused because it's being challenged on grounds having to do with the CA Constitution and not the US Constitution. ??

brideymcbriderson

As I understand it, since Prop 8 amended the California Constitution, someone could now bring a suit arguing that this amendment violates the U.S. Constitution. That case could be brought in state or federal court. It could make it up to SCOTUS because SCOTUS can rule on whether a state constitution violates the U.S. Constitution.

Maybe the CA ladies can provide better insight if I don't have that right.

EastSideFluffy

It would be two seperate lawsuits, I think.  They are probably going the CA state route first in part because they suspect the CA courts will be more friendly to this challenge than the federal courts.

As for a federal suit, they'd argue that the CA constitution, as amended, violates the US constitution.  There's a similar case - Romers v. Evans - from the mid or late 90s, where Colorado amended its constitution basically saying "gay people will never, ever have any rights of any kind ever in this state nor are they allowed to lobby for them, the end."  That went to the Supreme Court and they tossed it out as being a violation of the federal constitution.  I can't remember the specific reasoning, but it basically had something to do with the fact that the amendment closed off all avenues to lobby for rights.

Anyway, I think I may try to hunt that case down and read it later.  I imagine that any federal challenge to prop 8 will look similar to Romers.

LittleMissWifey

I don't think the legal teams behind no on 8 are shooting for the SCOTUS at this point in time. Their arguments so far only have to do with how this prop was passed per CA law not if the prop comports with the US constitution. That may be coming, but certainly wouldn't be a good bet right now considering the makeup of the court.

Katie_F

Dual suits, that makes sense. ?

Mrs.tlcS

I am certainly no legal mind, and I think this question was something I brought up in an earlier thread about putting this before the SCOTUS. 

I think prop 8 in CA got a lot more attention than the propositions/initiatives that were passed in other states regarding the same issue.  I am just hopeful that because of the attention this particular amendment got, the end is near for state-sponsored discrimination.

I have no idea how cases progress from court to court, but in the Loving v. Virginia ruling, it says "Marriage is one of the "basic civil rights of man,""

If marriage is a civil right, it is a civil right.  It's not a civil right for some people and not for others.

debtowed

Patt Morrison (on KPCC) had a good discussion about the fallout over prop 8 yesterday.  It discusses some of the legal issues and avenues ahead.  If you have time...probably worth a listen...

http://www.scpr.org/programs/pattmorrison/

::scroll down to where it says prop8 headed for the courts::

dev22

You know what would be Ironic? If they did take it to SCOTUS and they overturned it saying it was unconstitutional and it made many other similar amendments in states become invalid.

That would basically mean that their effort ended up giving MORE gay couples the right to marry instead of less.

Unless I am completely off base with that LOL