proposition 8 Options

[*Janette*]

By a vote of 6-1 (with Justice Carlos Moreno dissenting), the California Supreme Court has upheld Proposition 8 -- while preserving the marriage licenses of 18,000 same-sex couples who wed in the months prior to the November election. Paul Hogarth is reading the 185-page Court decision as we speak, and will be reporting later today with his legal analysis of the Court's reasoning.

http://www.beyondchron.org/articles/BREAKI...rop_8_6962.html

discuss.

[hi-C]

It's not selective memory because, honestly, I hadn't heard of Baker v. Nelson before, but, from what I've gleaned from googling, it seems decidedly at odds with the two rulings I stated previously. But then, I'm biased; I don't think there's a difference between racial discrimination and discrimination based on gender and sexuality. I'm not denying Baker as precedent, since it's fairly obvious that it is, but with the trend going the way it is, it doesn't seem like it'll be precedent for much longer.

[kryogenix]

It's not selective memory because, honestly, I hadn't heard of Baker v. Nelson before, but, from what I've gleaned from googling, it seems decidedly at odds with the two rulings I stated previously. But then, I'm biased; I don't think there's a difference between racial discrimination and discrimination based on gender and sexuality. I'm not denying Baker as precedent, since it's fairly obvious that it is, but with the trend going the way it is, it doesn't seem like it'll be precedent for much longer.

So judicial precedent is only a valid argument when that precedent supports your views huh. How convenient.

Indeed, your bias is apparent. You can't have it both ways.

[hi-C]

So judicial precedent is only a valid argument when that precedent supports your views huh. How convenient.

Indeed, your bias is apparent. You can't have it both ways.

No, that's not what I'm saying at all. I'm acknowledging that Baker is valid precedent ("I'm not denying Baker as precedent, since it's fairly obvious that it is"), but that with the trend leaning towards a legalization of gay marriage, I don't think it'll be precedent for much longer. Like how Plessy was precedent before Brown ruled it unconstitutional.