Fidelity for Gay Marriage? Ask Ken Starr and Bill Clinton
California’s Supreme Court will hear oral arguments on 5 March on two questions about same-sex marriage:
1. Is Prop. 8, which passed by a slim majority in November, an amendment to the constitution or is it a revision? Our friends at Lambda Legal, ACLU and other great legal organizations have laid out a clear case that taking away the rights of a minority by a majority in such a fundamental area as marriage is a revision of the essential nature of the constitution, not something that can be imposed by a majority on a minority. James Madison worried greatly about the tyranny of the majority in the Federalist papers, concerned that the American system not allow such.
2. Shall the 18,000 same sex marriages conducted between May and November of 2008 remain valid? The court ruled eloquently in May that same-sex marriage is legal. Marriages took place. Family unions were legally recognized. Then came Prop. 8. And no other than Ken Starr argues that those marriages shall be destroyed.
The court will decide both questions by 5 June 2009.