You remember Kenneth Starr, right? The prudish pantysniffer who invested millions of your tax dollars to figure out where and when Bill Clinton got sexual favors from an intern and then reported all the prurient details.
Anyway, he's been brought in by the anti-gay bigots seeking to enforce Prop. 8, and in particular to help their effort to forcibly divorce the 18,000 couples married during marriage equality's brief but beautiful reign in California.
That's right, the former opponent of extramarital intercourse now wants to force all those married gays to return to their out-of-wedlock schtupping.
Not all of the gays are entirely happy about this, you'll be surprised to learn. The Brians (Brian L. and Brian D., shown at their multi-religious winter holiday zone) have kicked off a campaign to get similar photographs from as many of those 18,000 couples as possible, and the Courage Campaign reports that photos are pouring in.
A little Googling reveals that such forced divorces are not unheard of. In Saudi Arabia, a growing number of couples are being imprisoned until they agree to a divorce, so that one family or the other can arrange a more politically or economically favorable marriage. A Saudi human rights activist notes that "When the divorce is carried out with the couple's approval then this is just the way it happens all over the world. But when the divorce is forced on the couple with an order from a high court then that is a massive disaster." Indeed it is. I'd like to think that California will show Saudi Arabia the path away from such a disaster.
Encouragingly, State Attorney General Jerry Brown has reversed earlier plans to defend the constitutionality of Prop. 8. After it passed, he felt it was his legal obligation to defend the proposition in court, but after careful review, he decided that his highest obligation was to uphold the state's Constitution, and that Prop. 8 conflicted with the Constitution's promise of equality with regard to sexuality. Having the resources of the state AG behind the defenders of marriage equality can only help when the various cases surrounding Prop. 8 come to court.
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While I'd love to see the amendment struck down on grounds of contradiction, is that even allowed? I would think that an amendment supersedes any previous statements on the subject within the document, but then I don't know the mechanics of California constitutional law.
The mechanics of California constitutional law are to appoint liberal judges, stir, and Bob's-your-uncle! Another blow for the cause of Progress!
Part of the issue is whether this was an "amendment" or a "revision." Revisions must be passed by 2/3 majorities, not a simple majority. Opponents of Prop. 8 argue that revising away the constitution's promise of equality is a substantial enough change to count as a revision, and not just as an amendment.