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( MarcoLuxe )

Comments made by MarcoLuxe

Expect More Legal Twists In Battle Over Prop. 8

For an historical perspective, the modern era of gender-neutral civil marriage started in 1993 in Hawaii with Baehr v. Lewin 74 Haw. 645, 852 P.2d 44. I bet SCOTUS will not grant cert until another circuit is in conflict - my guess is about a decade.

December 10, 2010 at 1:16 p.m. ( | suggest removal )

Defending Prop 8: Someone’s Got To Do It

First, the AG is elected to exercise legal discretion and wisdom in marshalling the limited resources of the office. The AG used constitutional analysis to reject the tyranny of the [bare] majority who voted for Prop 8 under the influence of scare tactics and manipulative propaganda. In addition, the CA Supreme Court rejected the anti-gay nonsense twice [In Re Marriage, and Strauss] stating that under the CA constitution, same-sex couples must have all the substantive rights of marriage [although they did revive from the discredited "separate but equal" doctrine from the 1896 Plessey decision. For this, they have been rebuked as cowards, more concerned with their jobs than justice, thanks them being subjected to judicial retention votes.] The fed district court in Perry also found no rational basis to support the ginned-up rationales of Prop 8. Federal judges have the courage that a lifetime appointment bolsters.

Standing is not just a technicality. It is a prohibition on federal courts from interfering in politics and issuing advisory opinions for outsiders-to-the-claim - such as those who want to interfere on political or ideological reasons. Allowing these extraneous parties would invite what conservatives are so fond of calling judicial activism [except for here, of course].

December 10, 2010 at 12:56 p.m. ( | suggest removal )