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The California initiative is not the last word
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The California initiative is not the last word
by
markrampion
05/17/2008, 7:35 PM
#
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I don't believe the "marriage limitation" initiative will pass in a year that promises a landslide (appropriate for my home state, California) of voting for Democrats. But even if it did pass, there are other twists and turns the law might take. First it could be appealed to the US Supreme Court. In a very similar situation,
Romer v. Evans
(1996), a successful Colorado initiative to amend the state constitution to prevent municipalities from enacting ordinances to prevent discrimination on the basis of sexual orientation was held to be unconstitutional. A successful "marriage limitation" initiative could also be appealed to the US Supremes. The Court would also have to address some very interesting legal questions that arise from the California Court's decision e.g. that marriage is a fundamental right requiring a strict scrutiny standard of analysis. It is evident that public support of same-sex marriage is growing quite rapidly, and in a generation people will wonder what all the fuss was about. It might not be long before a pro-same-sex marriage initiative to amend the state constitution would pass, and this time for good. At some point Federal Law will also support same-sex marriage, but there is little doubt that this thawing will initially occur state-by-state, and that in states like California. We must remember this is still early times for the marriage wars, and one day people who love each other will be able to marry without any legal prohibitions. Whatever happens with this California initiative battle, I have no doubt that we will the war for equality in the long run.
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