(no subject)

[petermarcus]

California Prop 8 overturned in California Supreme Court:

http://www.cnn.com/2010/US/08/04/california.same.sex.ruling/index.html?hpt=T1&iref=BN1

Probably headed to the US Supreme Court, but I'm not sure the Fed court would rule about a State's decision of what belongs in their own constitution. Seems like a 10th Amendment thing to my amateur legal scholarship.

Edit: Oh, except I just read that the ban was based on the US Constitution's 14th Amendment (States can't deny equal protection under the law). Based on that argument, I guess the US Supreme Court does have jurisdiction.

Comments

[petermarcus.livejournal.com]

Yeah, if SCOTUS says that a state constitutional ban violates the 14th Amendment, then the other states won't have a legal basis for laws or constitutional amendments against gay marriage. Should be interesting as the court is currently pretty conservative, but has some libertarian leanings as well (Kelo being an annoying exception).