April 19, 2009
Frank Rich prods CA Supreme Court
Posted by: Andoni
No matter where I am in the world, the first thing I do on Sunday morning is read Frank Rich's column in the NYTimes. It's a sad day for me when he is off.
As you know I am of the opinion that the California Supreme Court should void Proposition 8. You can read my reasoning in Dred Scott and the CA Supreme Court and in Marriage decision in Iowa - UNANIMOUS. Evan Wolfson's argument to void Prop 8 is here.
In today's NYTimes, Frank Rich (to my mind) reminds the California Supreme Court Justices of their role. After citing Brown v Board of Education, Rich asserts:
"But the judiciary has long played a leading role in sticking up for the
civil rights of minorities so they’re not held hostage to a majority
This is exactly the situation that we have in California. The majority (a very slim one at that) is holding a minority hostage and the Supreme Court has to speak out loudly and clearly to remedy this situation and lay a precedent so that it cannot happen again. There is no clear precedent to deal with this exact situation in California. The Court should set a precedent for this situation. They should declare loudly and clearly that a simple majority cannot strip away the rights of minority the way they did.
Should they decide the other way, this will be their Dred Scott decision and they will go down in history as the court that repeated that infamous mistake.
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