Damned if you do, Damned if you don’t
The California Supreme Court in the crosshairs for Proposition 8
Now that the California Supreme Court has agreed to hear the case for overturning Proposition 8, the speculation begins. What will they say?
In this case, it’s a damned if you do, damned if you don’t scenario.
Personally, I would love to see the Supreme Court overturn themselves on this one. What better ending to nullify the actions of an activist court than to force them to cross themselves. As it works out, the hearing looks like it’s going to begin in March of next year, five months from now, and exactly a year from the Court’s overturning of prop 22 that made same sex marriage legal in California.
Poetic justice, chickens coming home to roost, bread on the waters—Call it what you will, that victory would be sweet.
California though, has more than their high court’s pride to worry about. If Proposition 8 is upheld as many expect it will be, in this tinderbox situation where already the will of the people has gone unheard, would the court’s reasoning have much more sway against the agitators? With tensions on this issue running high, and the grass roots gay movement only now kicking into gear… the protests and marches we’ve seen brandishing “eye for an eye” justice to date could only be a taste of what’s to come.
The nation will be watching this one, and for some the intoxication of an instant media added into the mix of sure frustration is a recipe for instantaneous combustion.
If the Supreme Court Justices reach out and tip the scale the other way, somehow contorting law and throwing out precedent (not that they’re strangers to these tactics), the reaction would be swift and immediate. The voices now silently observing would put out a hue and cry that would ring both ocean fronts.
The Court is basically in a political box here. They are answerable to the people for their jobs if they make law instead of interpreting it. The separation of powers looms large. If they did overturn the will of the people, twice clearly expressed, they’d have to go so far out on a limb to do it that public opinion would break cleanly on our side and the people of this nation would stand up to be counted by droves, with hell to pay for any politician who stood in the way.
Regardless of how you feel about marriage, the sanctity of the people’s voice is paramount in every democracy.
The court must tread lightly when stepping across the people. Already the whispers are running quietly through the state as all eyes turn to the Courts and wait for justice to come one way or another. For now we’re keeping the powder dry.