03.31.2009 3:27pm EDT
If the March 5 oral argument before the California Supreme Court was any guide (which oral argument isn’t always), Chief Justice Ronald George may be on the verge of making a terrible, heartbreaking mistake.
The Court is due to rule soon on a set of challenges to Proposition 8, the November ballot-measure that stripped the freedom to marry away from committed same-sex couples. The challenges are supported by preeminent African-American, Hispanic, and Asian/Pacific civil rights organizations; cities such as San Francisco and Los Angeles; teachers and child-welfare professionals; religious leaders; businesses and labor unions; and advocates for same-sex couples and their families. All of them have asked the Court to uphold the bedrock principle of American constitutional government that a simple majority may not selectively vote away a fundamental right from a minority targeted for invidious, suspect reasons.
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