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March 06, 2009

Prop. 8 opponents gambit appears to have backfired

Yesterday, I blogged about how California gay rights activists apparent willingness to let Proposition 8 go to a vote first, rather than wrangle the “amendment” vs. “revision” issue beforehand, in order to get what was thought to be a sure-fire voting booth win, not just a judicial one, was stupid strategy.

Well, now, it looks more and more like a losing strategy, too, as the California Supreme Court is starting to tip its hand.

In addition to gay rights activists not claiming Prop. 8 was a “revision,” why didn’t friendly California AG Jerry Brown raise that issue during the process of certifying Prop. 8, including ballot language? Instead, AG Moonbeam originally said he would DEFEND Prop. 8, only later to claim it repealed an inalienable right.

To make it worse, AG Moonbeam refused to defend that idea himself. Instead, he sent up Senior Assistant Atty. Gen. Christopher Krueger, who quickly had his hat handed to him on that idea by the court.

In the end, it looks like there’s going to be a lot of goats in the Golden State.

Brown? Indeed. Der Gobernator for his previous intransigence on legislative solutions, followed by his tardy opposition to Prop. 8. A ditto on that, plus not throwing Blogger and Google Ad weight around more, puts goat horns on Sergey Brin and Larry Page. The in-your-face antics of San Fran Mayor Gavin Newsom go without saying.

Alos among those goats might be Justice Joyce L. Kennard. Understood as traditionally a strong supporter of gay rights, she stands guilty of legal idiocy in seeming to equate civil unions with marriage. Yes, sexual orientation may have the same California constitutional protection, but constitutional protection isn’t the same thing as full legal equality in hospital visitations, insurance beneficiares, etc.

The other side is finding new goats, starting with legal hired gun Ken Starr, leading the argument urging the court to invalidate gay marriages already performed.

A leading light?

Chief Justice Ronald M. George, who wondering aloud if California’s constitution isn’t just to easy to amend.

Well, do you think? How about tightening up referendum standards out there, too.

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