Oral arguments are over. Let me agree with Dale Carpenter’s prediction: The California court will vote to uphold Prop. 8 and decline to apply it retrospectively. The 18,000 marriages will stand.
The most fun was watching the justices grill the California state lawyer, poor man, who had to defend Attorney General Jerry Brown’s official position: Prop. 8 was an amendment, not a revision, but the court could strike it down anyway because it violated the “inalienable rights” clause of the California constitution. A joy to watch!
Ken Starr is a heckuva lawyer, but he was swimming uphill asking the judges to consider his argument that Prop. 8, on its face, applies to marriages performed prior to its enactment, too.