March 4, 2009

Prop 8: We May Know the Court’s Decision Tomorrow

I was just saying to my wife last night that the California Supreme Court had probably already made up its collective mind long ago, and that we would likely hear their decision earlier than the standard 90 days — but I never dreamed it was at all possible we might know our fate as early as tomorrow:

California Supreme Court may reveal stance on Prop. 8 on Thursday

The California Supreme Court may reveal Thursday whether it intends to uphold Proposition 8, and if so, whether an estimated 18,000 same-sex marriages will remain valid, during a high-stakes televised session that has sparked plans for demonstrations throughout the state.

By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes result in changes to the draft, but rarely do they change the majority position. The ruling is due in 90 days. …

Most legal analysts expect that the court will garner enough votes to uphold existing marriages but not enough to overturn Proposition 8. The dissenters in May’s 4-3 marriage ruling said the decision should be left to the voters. …

Upholding existing same-sex marriages would be a lower hurdle for the court…

George, a moderate Republican, is considered a swing vote on the court and, until the marriage decision, was widely regarded as cautious. Scholars have said the marriage ruling would be pivotal to his legacy on the court.

“It is difficult to imagine, although obviously plausible, that the majority of justices who ruled in the marriage cases would so quickly endorse an undermining of at least a significant portion of their ruling,” said Kate Kendell, executive director of the San Francisco-based National Center for Lesbian Rights.

Pepperdine law school Dean Kenneth Starr, hired by the Proposition 8 campaign, will urge the court to uphold the measure and declare that existing same-sex marriages are no longer valid. Benefits, such as inheritance, acquired by couples during their marriages would not be taken away, but couples would have to register as domestic partners to protect their future rights. …

Much more at the link.

I must admit to you, my stomach is knotted with fear right now — perhaps even more than the night of November 3rd. I just want it to be over. Whatever way it goes, I just want it to be over. Then at least my wife and I can start discussing what to do next. Even if our marriage stands, I can’t bear the idea of living in a state where we “enjoy” (for lack of a better word) the privilege of marriage that others don’t.

Needless to say, it’s going to be utter torture to stay here one more minute if our marriage is voided. I’d like to think if that happens, we would leave immediately and kiss off California forever — I know my wife feels the same way — but we can’t; our situation is not so simple.

But enough about my anxiety for now; I’ll be agonizing all night and tomorrow, but there’s no need to make anyone else as depressed and helpless as I’m feeling.

Buffy and I talked about going up to the city tonight (as I see on the news right now, there’s some sort of police activity at the Civic Center — a bomb threat? is someone trying to kill the LGBTs holding the Prop 8 vigil there tonight?), and/or tomorrow, but we’re staying home. In truth, I feel like I’m doing more good here — namely, killing myself to get the Prop 8 database launched. And I may live-blog the hearing tomorrow; I know I won’t be able to stand watching it, and yet I know I must. I just don’t know if I’ll have the presence of mind to live-blog it. We’ll see.

Anyway… If you want to watch (or tape) the proceedings, you can see which cable channels are carrying it in California here, or watch it live online at The California Channel (which notes: “Due to the high demand we expect for this event, if you have problems connecting then the server has reached its limit. Please try back later or watch the video in our archvie [sic] when it concludes.”) Oral arguments are scheduled to begin at 9:00 a.m. PST.

Posted by: Sapphocrat

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