Breaking News: CA Supreme Court Will Hear Prop. 8 Challenges

Hannah Tennant-Moore — Thu, 20 Nov 2008 20:40:00 GMT

In case your post-election elation is starting to wear off, here's some good news in the fight for constitutional protections. The California Supreme Court agreed today to hear the case against Proposition 8 brought by the ACLU, the City of San Francisco, and gay rights organizations. This is the same court that unwittingly brought about the Prop. 8 firestorm after they ruled that banning gay marriage violates both the fundamental right to marry and the equal protection clause of the California Constitution.

The lawsuits against Prop. 8 hinge on two main arguments, namely (according to the San Francisco Chronicle) that "the measure exceeds the legal scope of a ballot initiative by allowing a majority to restrict a minority group's rights, and that it violates the constitutional separation of powers by limiting judicial authority."

The court's decision to review challenges to Prop. 8 is great news, but the fight is far from over. The court also ruled that same-sex marriages will remain illegal until it has considered the constitutionality of Prop. 8. And if it does find the measure to be constitutionally sound, the court will have to decide whether to apply Prop. 8 retroactively, nullifying the 18,000 marriages that took place between the court's legalization of same-sex marriage and the passage of Prop. 8. We'll keep you posted.

Photo: Los Angeles Times

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Man dresses up as a woman to marry a man

Brett Singer — Wed, 25 Jun 2008 13:00:00 GMT

So two people get married. A man and a woman. Or so the clerk thought.

Turns out "Justine" was really "Justin." Specifically Justin L. McCain, an 18-year-old who wanted to marry Antonio E. Blount, his 31-year-old boyfriend. One reason they were able to pull it off was because of a "design quirk" in the Virginia driver's licenses – the "M" or "F" in the "gender" area is obscured by the state seal. One wonders why no one seemed to notice that the name on the license was "Justin" rather than "Justine". Newport News Court clerk Rex Davis said that, "When things are rolling along and you don't have any reason to suspect that somebody is not being completely forthright with you, you might not take the time to check." Gee, and I thought New York City was a busy place. Davis issued the happy couple a marriage license, and then they went to Richmond to get hitched. Which they did.

The story makes it sound like the ruse might not have been discovered at all if McCain hadn't come back to Newport News to apply for a name change. Our busy clerk Rex Davis became suspicious when he saw the name, which was – get this -- Penelopsky Aaryonna Goldberry, which blogger Christian Hall points out is "pretty much the best name ever." I mean, where the hell do you come up with that one?

The marriage is illegal in the state of Virginia because, well, they're both dudes. Or rather, they're both "legally" dudes. The article quotes attorney Cole Thaler from the group Lambda Legal as saying that, "it's not deceptive for a transgender person who lives their life as a gender different from the gender they were assigned." In fact, "You could have a driver's license in New York state that says you're a male and have a birth certificate from New York City that says you're female," says Paisley Currah of the Transgender Law and Policy Institute.

According to the article, most states (the exceptions being Tennessee, Ohio and Idaho) "typically change one's gender on their birth certificate following gender reassignment surgery." What's not clear is whether or not Justin/Justine/Penelopsky has had surgery or not.

Now prosecutors have to decide whether or not to bring charges against the two lovebirds. Of course, if we would just LET GAY PEOPLE GET MARRIED THIS WOULD NOT BE AN ISSUE. Ahem.

And just for yucks, here's the video for Aerosmith's Dude (Looks Like A Lady).

image: worth1000.com

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