California Supreme Court Again Rejects Prop. 8 Proponents' Arguments

The supporters of Proposition 8 continue to try to derail the striking down of their hate and animus based agenda.  Their latest attempt sought to claim that a U.S. District Court could not strike down a state wide constitutional amendment.  Like all of these hate merchants' other arguments, the California Supreme Court threw out their claims.  Should they continue to file frivolous petitions and lawsuits, one can only hope that the courts will start imposing sanctions on both the Prop 8 proponents and more importantly, their legal counsel.  The Los Angeles Times looks at this latest defeat.  Here are highlights:

The California Supreme Court refused Wednesday to revive Proposition 8, ending the last remaining legal challenge to same-sex marriage in the state.

Meeting in closed session, the state high court rejected arguments  by ProtectMarriage, Proposition 8’s sponsors, that only an appellate court could overturn a statewide law.

A federal judge in San Francisco declared Proposition 8 unconstitutional in 2010, and state officials refused to appeal. ProtectMarriage did appeal, but the U.S. Supreme Court ruled in June that initiative sponsors have no right to defend their measures in federal court. The decision left in place the ruling by retired Chief U.S. District Judge Vaughn R. Walker.

In its challenge before the state’s highest court,  ProtectMarriage argued that a single judge lacked the authority to overturn a state constitutional amendment.  The group also contended that Walker’s injunction applied to two counties at most and that state officials had overstepped their authority by ordering county clerks throughout California to issue same-sex marriage licenses.

State officials countered that the challenge was a veiled attempt to persuade a state court to interfere with a federal judge’s order in violation of the U.S. Constitution.

Same-sex couples began marrying in California in late June after a federal appeals court lifted a hold on Walker’s injunction. ProtectMarriage went back to the U.S. Supreme Court the following day, arguing the appeals court acted prematurely because the high court’s decision was not even final. The Supreme Court refused to intervene.

Then the group went to the state Supreme Court, asking the justices to halt the marriages immediately while considering the legal arguments. The seven-member court unanimously rejected the request for a “stay” or hold.

Let's be clear.  The Christofascists do not give a damn about the U.S. Constitution and the religious freedom rights of others.  Instead,  they seek to subvert the Constitution and impose a theocracy on America based on their sick, hate and fear based version of Christianity.  They remain a clear and present danger and need to be treated as a threat accordingly.