“Milk” Team Makes Marriage Pitch

Oral arguments had just finished at the state Supreme Court today — with some signs that the justices will uphold Prop 8 — when the makers of the movie “Milk” issues a fund-raising pitch for the Courage Campaign.

In their letter, Sean Penn, Gus Van Sant, Dustin Lance Black, Cleve Jones, Bruce Cohen and Dan Jinks write, “No matter what the state Supreme Court decides, the fight for equality will continue in California and across the country.

“If we win, the same people who backed Prop 8 will find another way to undermine equal rights. If we lose, we will need to take our case to the people of California again. No matter what, we’ll eventually need to win full equality under federal law.”

In the hearing today, Justice Joyce Kennard appeared not to accept the argument that Prop 8 was a revision of the state’s constitution, which requires a higher threshold than merely putting a matter before voters. Kennard was among the justices who backed the court’s 4-3 decision in May to allow same-sex nuptials.

She said during the hearing that “Prop. 8 did not take away the whole bundle of rights that this court articulated in the marriage case.”

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  1. Patricius says:

    If we the majority give this minority what it demands today it will have a new demand tomorrow. And we give into it’s demands tomorrow it will have a new demand the day after tomorrow. For that reason, the majority shouldn’t give an inch.

  2. lawhawk2002 says:

    If the state Supreme Court upholds Prop 8, the rule of law will have survived another attack. Joyce Kennard’s questions today were as disjointed and illogical as her legal conclusions were in granting a right nowhere found in the US or California constitutions. But I’m guessing she learned the Rose Bird lesson and instead of risking a likely recall, she will vote politically rather than out of any real conviction that Prop 8 should stand.
    That said, my personal opinion of the loathsome Sean Penn does not alter the fact that he and his allies have every right to try to convince the people of the State of California to support gay marriage via a new initiative. All things being equal, I believe such a measure would fail by an even larger margin than the Prop 8 vote.
    But all things are not equal. The churches have been cowed into silence or even grudging agreement. The average person really doesn’t have any deep dislike of gay people and can be easily converted by the fake “hate” message. Penn’s people are big money types in the entertainment industry. They will use every trick in their imaginary world book, and will spend a great deal of money on this glitzy “production.”
    There can be no argument that this is some haughty court overturning the will of the people. They will go directly to the people with flashy ads, misstatements of law, history and theology, and paint beautiful pictures of loving gay couples being denied a right they never had in the first place. And money will flow like water.
    Those who oppose gay marriage must not make the mistake of thinking that Prop 8 and a favorable court ruling will settle the matter. The time to prepare for the battle to come is the day after the court issues its ruling. If Prop 8 is upheld, the grassroots need to be organized and money raised immediately to defeat the coming initiative. In the less likely event that Prop 8 is overturned, the task becomes twice as difficult. First, the justices who found a nonexistent right to gay marriage will have to be recalled. Then a new initiative will have to be prepared, since the ruling will stand whether we agree with it or not. This fight is far from over no matter what the state Supreme Court decides.

  3. alexa says:

    So let me get this straight: If just enough over half the voters put BO in office, it is the will of the people, Democracy works, it’s all good, BUT, if just enough over half the voters decide to amend their state constitution, who cares if it’s the will of the people, Democracy was not meant to work that way, it all sucks?

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