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Kamala Harris- California Cannot Afford Prop 8 Appeal
12/01/10-by Bridgette P. LaVictoire
Kamala Harris has made it clear- the state of California cannot afford to appeal the Prop 8 decision and that means that she will “not defend Proposition 8 because it is simply unconstitutional.” Harris is the newly elected attorney general of California, and her position mirrors that of current attorney general and governor-elect Jerry Brown. This leaves the defense of Prop 8 in the hands of those who have shown that their interests are not in protecting marriage, but in preventing lesbians and gays from being equal.
The Supreme Court of the United States has never actually weighed in on marriage equality. Should they take the appeal from the appellate court, it will be up to the justices to decide whether or not such laws are unconstitutional. This one is a hard one to handicap despite the claims from some that the court is too Conservative. While it should be an absolute that Justices Clarence Thomas and Antonin Scalia are both solid no votes, it is unclear if Justice Samuel Alito and Chief Justice John Roberts would be persuaded by arguments made to them. The other five are easier to figure out, and it is likely that they would vote in favor of overturning Prop 8, and probably most anti-marriage equality laws.
6 Responses to Kamala Harris- California Cannot Afford Prop 8 Appeal
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CR
December 4, 2010 at 8:29 pm
Thanks for this post that I found listed on YahooNews!
I am a straight women who believes that there should be no discrimination for marriages between two consenting adults who love each other. In America’s history at one time my type of marriage (mixed race marriage) was also illegal.
What made me mad was that Prop 8 was falsely advertised as being “in support FOR families” not the truth of it being “AGAINST gay marriage”. I voted for Kamala Harris and I am glad that she said that Prop 8 is unconstitutional!
Melanie Nathan
December 4, 2010 at 10:48 pm
Thank you for the comment and your support, melanie.
danny
December 2, 2010 at 7:36 am
liberty or evil and the KKK???
danny
December 2, 2010 at 7:35 am
absolutely right. what a waste of money to fight history & justice. discrimination is evil and wrong. we can choose between iran and terror or the concept of liberty!!!
it’s a historic decision between terrorism and liberty. i vote against iran and terror and i vote for the founders and liberty!!
danny
December 2, 2010 at 7:06 am
this is about liberty or government discrimination. if govertnment has complete control, fascism wins. the founders favored liberty. liberty mandates equality before the law. discrimination is evil and disgusting. the choice is clear: iran and evil terrorism or liberty and equality before the law
gunshowsigns
December 2, 2010 at 12:37 am
CA cannot afford this fake election when the CA Sec of State Website went down. CA was tracking the rest of the country until it went down. Faking election is the dems favorite past time remember the FL recount with only recount of dem counties. Also remember when the terminator vote was faked at the West Pasadena Jackie Robinson Center. West Pasadena is famous for its fake elections. So CA cannot afford Harris. Resign.