from Dr. Morse
Cooper is trying to distinguish Prop 8 from the Romer case, which struck down a CO initiative. IMHO, he is giving away too much in agreeing with Romer. But I guess he doesn’t need to fight that fight here.
Cooper is now referring to the 8 appellate state and federal courts that have addressed these cases, which have upheld the traditional marriage, and rejected the 14th amendment arguments. He is specifically mentioning Baker v Nelson.
These guys are making a big deal out of the fact that Prop 8 took away the right to marry, as the CA Supreme Court had enacted same sex marriage. Therefore, I guess, we are supposed to believe that the people have no power to amend the state Constitution. Chuck is making exactly the right point. Prop 8 is a Constitutional amendment, which the people still have the right to make.
Reinhardt is making the point that the right to amend the Constitution is limited. He/they keep bringing up the example of “could the people vote to have segregated schools?” Cooper responds by saying that the federal constitution prohibits that policy. Therefore, the fact that the CA Supreme Court enacted ssm prior to Prop 8, is not relevant. The people of CA have the right to amend their Constitution.
Reinhardt isn’t buying it. Surprise.