Thursday, January 29, 2009

Prop 8 Status Analysis

With the fate of 8 in the strait of California's high court, I have been hanging around for some rulings. Fortunately for the curious, Edge's San Francisco editor, Roger Brigham, has been busy.

(Tip of the toupee to Bay Window for the link.)

He has looked at more than 60 amicus briefs in the challenge to overturn the ballot initiative to overrule same-sex marriage there. His analysis has such surprises as:
  • 11 of the 60 want to keep the initiative's constitutional amendment
  • AG Jerry Brown came down heavy on the constitutionality of stripping rights by vote
  • Likewise, San Francisco's brief extrapolated a future where any small group could thus wrest rights from any other group it didn't like
Brigham doesn't make any forecast. Yet, he hints at the preponderance of constitutionally based arguments to overturn the amendment.

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