Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
April 24, 2014

Proposition 8 Dies With a Whimper

Lyle Denniston reports that “California’s Supreme Court, without explanation, refused Wednesday afternoon to revive ‘Proposition 8′ — the state’s ban on same-sex marriage.  It rejected a plea to order county clerks across the state to obey that ballot measure.”

“The practical effect of the state court’s action was to give state officials a clear path to require clerks in all fifty-eight California counties to issue marriage licenses to gay and lesbian couples… The decisive part of the state court order was this single sentence: ‘The petition for a writ of mandate is denied.’  That was a reference to a petition by the “Proposition 8″ sponsors to direct county clerks to treat the measure as if it were still in effect.”

  • HeraSentMe

    13 down, 37 to go.

  • Nosh_72

    Man – we should just legalize gay marriage and legalize pot in all 50 states and get this over with. . .we all know this is the direction we are going on – just one side hasn’t realized it yet.

    • Ygorbla

      Unfortunately, both sides haven’t realized it on pot. It’s a bit bizarre, too.

      Democrats would benefit from supporting legalization because it would split Libertarians among Republicans (who make up a very small portion of the electorate, but a big part of the Republican popular energy.) It’s also a lot easier for them, because Democrats are more inclined to support legalization for popular reasons — it’s hard to imagine a backlash among Democratic-leaning voters. Some state parties and individual Democratic politicians have already moved towards this, but nationally it hasn’t happened.

      Republicans would benefit from supporting legalization because it would split Democrats, for exactly the same reason Democrats wouldn’t face a backlash. There would be some cultural backlash among Republican voters, but honestly, it’s not like most Tea Party types care about this compared to their actual hot-button issues.

      The bizarre question is why (at least nationally) neither party has budged. Obama could basically end the federal war on drugs with a single stroke of his pen; it would be a hugely popular legacy that would almost immediately be remembered alongside ending prohibition.

      • Nosh_72

        Absolutely – but I do not see the Republicans supporting legalization of Pot. As much as it would bring a few Democrats over and unite the Libertarian part of their party – their base would not allow for it. Not one bit. The religious right would call this the Devil’s work and – well, it just will never happen. The Democrats I believe are waiting to rally around it. Just as it took Obama awhile to support Gay marriage it will take another term or two for a Democratic Presidential nominee to support it. Personally I feel they are all for it but it is the national cycle that they wait for Nate Silver had a great piece on this about five or eight years ago and he nailed the timing of all this to a T. . . Though legalization of pot has been sped up a bit with a great many states already legalizing medicinal marijuana. . . Just today, Chris Christie of all people was hit hard over it. I think that time is coming soon and I feel once that ball starts rolling, it will roll faster than the legalization of Gay Marriage.

      • Jazzboy1

        And legalization of an ounce or two for personal use would empty our overcrowded prisons currently at an astronomically huge expense to us taxpayers – and bring in new tax revenues for state and federal governments — and free up police to fight violent crimes. It’s a no-brainer. Even conservative grandparents don’t want to see their high school and college age grandchildren go to jail for pot and have their lives and careers ruined. That is a simple and compelling argument that would be excellent in TV ads.

  • docb

    Wow…as it should be –short, sweet, to the point , and final!

  • Jazzboy1

    How many years before the Supreme Court finally says that it is a matter of a civil right and free speech? Then the old South and hangouts in the farm belt will have to find a new target now that they won the gun rights debate.

  • Idaho_Dave

    How long will it be before Utah realizes DOMA and it’s ilk’s right wing religions definition of marriage also affect Mormons and Catholics? No Momon who married for “time and all eternity” can get remarried after the death of his/her spouse. No Catholic could ever have a second marriage until the first spouse dies, divorced or not. What goes around comes around.

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