The oral arguments in the Prop 8 hearing before the California Supreme Court have concluded. And, from a layman’s standpoint (meaning mine), they didn’t seem to go all that well for us.
From what I could gather, the justices do not see the idea of overturning Prop 8 as a matter of supporting gay marriage or not. Instead, they framed the possibility of overturning Prop 8 as having no real legal foundation.
The “revision vs. amendment” argument didn’t go over all that well, and the justices seemed unimpressed with the presentation that the CA constitution had been overhauled with the passing of Prop 8.
The “separation of powers” argument seemed to gain some traction at the end, and I’m wondering if the solution from the justices will include sending Prop 8 through the legislature.
And Jerry Brown’s argument? I’m not entirely sure what it was because it was presented by his Asst. Attorney General who was remarkably inarticulate. At one point, one of the justices withdrew a question because the Asst. Attorney General seemed stumped. Really, I don’t know what the man was trying to say.
I’ll post more info on this in a bit, but these were my first impressions.
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