Same Sex Marriage Takes Near Fatal Blow in California

Mar 13

AndrewPolitics and Nation, Society and Culture , Comments Off

Same-sex marriage advocates are holding their breath as the California high court weighs the decision whether to overturn a state ban of same-sex marriage that voters approved last November. The same court, by a vote of 4-3, legalized same-sex marriage last year when it was held that a prohibition against gay marriage was a civil rights violation.

Proposition 8, which received 52% of the vote on the November ballot, effectively banned same-sex marriage in a constitutional amendment, but only after approximately 18,000 same-sex couples were married in the state under the court’s ruling. Advocates are attempting to overturn Proposition 8 by arguing that the effect on the state’s constitution is so extreme that it amounts to a constitutional revision. If the court concedes their argument, then by law, the legislature should have voted and approved the Proposition before it appeared on the ballot (and by extension, that would invalidate the ban itself).

Same-sex marriage advocates are going to lose in California. (Though for what it’s worth, the court has 90 days from the March 5th hearing to deliberate on the issue). The last time the high court weighed in on gay marriage, they were ruling on a civil rights issue. This time, however, the civil rights of homosexuals is a peripheral matter. Advocates will have a hard time meeting the high threshold of reasoning to show that Proposition 8 is really a constitutional revision instead of an amendment. For the court to hold to that reasoning would severely strain the state’s electoral process by questioning its legitimacy.

The political strategy by those advocating for the ban was fucking brilliant. They have thrown the weight and power of the majority of the voting public behind the ban. Against that, same-sex marriage advocates have few options. Bringing the civil rights issue back to the fore is unlikely to sway the court since this is largely a matter of how California’s election process works. Outside the courtroom, advocates are arguing that this is both a matter of how California’s constitution can be rewritten and whether civil rights are being violated in the process of the rewriting. But the courts are not beholden to address the second matter, particularly if they eventually hold, as is expected, that California voters have the right to amend the state’s constitution exactly as they did.

The saving grace appears to be that the court has shown little inclination to retroactively apply the same-sex marriage ban to the marriages that took place before the Proposition was voted on. The court seems disinclined to punish them for opting to get married when it was legal to do so, despite an argument by the ban’s political constituency that those marriages will be left in limbo otherwise. This could give equal rights advocates a small wedge with which to continue to push for equality and gay rights within the state.

Schwarzenegger’s Solution Pay ‘Em Even Less

Jul 24

AndrewPolitics and Nation Comments Off

In the fight over the state’s budget, California governor Arnold Schwarzenegger is ready to pay state employees federal minimum wage if the democrats and republications don’t resolve their differences. The problem? Federal minimum wage is at $6.55, $1.45 less than California’s state minimum wage. Schwarzenegger wants to punish the lowest workers on the state food chain because the politicians can’t get their shit together?

This might fall into a only-in-California category. Or maybe it belongs in only-Schwarzenegger-could-come-up-with-this-plan. President Schwarzenegger: “I was elected to *lead*, not to *read*.”

The state is facing a reported $15 billion deficit as of July 1 (yes, apparently they do know it’s July 24.) If Schwarzenegger’s solution is put in action, the reduction in pay would be temporary, and their regular salaries would be fully restored when a budget is signed. Also as part of the executive order, the state would freeze hiring of non-essential positions and implement layoffs of temporary positions the likes of interns and contractors.

Even with the potential cost savings of Schwarzenegger’s plan (estimates put the savings as high as $500 million per month), it would take most of August to execute the order, by which point the governor is hoping that a budget will have been approved.

All kidding aside, Schwarzenegger’s solution is clearly a feint. Cutting pay wages on the lowest state earners is insidious even for Mr. Freeze. Schwarzenegger knows he needs to play nice with his constituents if he wants to win a Senate seat in 2010.