Tag Archives: Prop 8


The Populist Case for Tradition

At RedState, that wretched hive of scum and villainy, one poster manages to, between an incomprehensibly wrong argument against the Ninth Circuit’s recent decision on Proposition 8, say something interesting. I recommend you skip over everything but the last two paragraphs, reproduced below: As I’ve written before, democracy, free markets, tradition and the rule of written […]

Toles bush marriage

Victory in California: What to Take from the Ninth Circuit’s Decision

Yesterday gave American progressives two strong pieces of good news: first, Rick Santorum swept a few early primary and caucus states, gaining not so many delegates, but considerable momentum, and therefore guaranteeing that the continuing disaster that is the Republican primary season will drag on for… a while. Second, and more importantly, the Ninth Circuit […]

Ninth Circuit Takes the Path of Least Resistance, or: How the Separation of Powers Saved Gay Rights in California

On appeal from Judge Walker’s lengthy, well-defended decision holding California’s Proposition 8 invalid for unconstitutionally relying exclusively on voter antipathy towards their fellow citizens — seriously, I can’t believe this is a rule we even have to have — the Ninth Circuit punts. Professor Volokh excerpts the relevant parts of the order. In brief, the […]

A Dream Deferred?

In the absence of a new post of my own, I’ll point to this on The Daily Dish, where I and another commenter agree that, one way or another, Perry v. Schwarzenegger gets remanded.

The Compromise That Isn’t; and, Where Do We Go, From Here?

Texas conservatives are so reasonable. After Judge Walker’s landmark holding in Perry v. Schwarzenegger, they’re willing to meet the pro-equality lobby halfway: civil unions! But no marriage, because that means churches would be forced to marry gay couples. This editorial demonstrates two things: first, that Judge Walker’s detractors haven’t bothered to read the opinion. See: […]

Alea Iacta Est

Says Judge Walker, for the Northern District of California (scribd): Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, […]

Prop. 8 Supporters Lose the AG’s Office

(Consider this post the jus to Ames’ prime rib.) Boy, have I missed the kinetic energy of California politics. The state truly is the battleground, the test lab, the neural center for new American law and policy. On Wednesday, the Attorney General’s office filed a 111-page brief with the California Supreme Court requesting the Court […]

Freedom Is Messy: Prop. 8, Exercising Rights, Personal Price

El Coyote is a Los Angeles landmark. The food, in my opinion, is a horrendous excuse for Tex-Mex, but the margaritas are good, and the vibe was always festive and fun and kooky. Until now. Long time manager, Margie Christoffersen, whose mother owns the restaurant and who is a Mormon, made a personal donation of […]

California’s Prop. 8: Let the Court Battles Begin

If the Mormon Church thought all they had to do was bankroll a ballot initiative banning gay marriage, they were wrong. For the sake of Prop. 8 supporters, the Mormons better still have their checkbooks out. The California Supreme Court has agreed to listen to arguments from both sides of the Prop. 8 battle. The […]


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