Reports, the LA Times, Ken Starr – that Ken Starr – opened his arguements to retain Prop 8 in California by declaring that, “the people do have the raw power to define rights.” Or lack of rights.
Commenting even before arguements began, Justice Joyce L. Kennar said, “As judges, our power is very limited. We would like to hear from you why this court can willy-nilly disregard the will of the people to change the Constitution.”
Are we being told to brace for the worst?
The question at hand is: can the people overrule the court when what the court has found that rights are being violated and must be upheld. As a thought experiment, it seems to me that if you swap “gay marriage” with “interracial marriage,” its a no-brainer. But what seems obvious to me ofter strikes others as naive, at best. So who knows. I also would have thought prop 8 fatigue would have set in by now, but the sounds of thousands marching up Market street, followed by swarms of Helicopters, suggest there’s a lot more fight left in us.
Hope for the best, plan for the worst. A helpful motto in many ways.