Wednesday, November 12, 2008

If the Supremes Toss Out Prop 8, Expect a Recall Effort

The California Supreme Court's surprising announcement that it will quickly review the legality of Proposition 8, banning gay marriage, has prompted growing speculation that the four judges who found a right to gay marriage in the state Constitution in a May ruling will quickly throw Prop. 8 out. If that happens, watch out for a "barn-burner of an election -- the biggest thing this state has ever seen," says recall election guru Ted Costa.

Costa says he's already been contacted by some of the folks who would seek to recall Ronald George, Joyce Kennard, Kathryn Werdegar and Carlos Moreno if Prop. 8 is scrapped. He thinks it's premature and risky because talk of a recall "would just (bleep) off the judges."

Costa also doesn't sound like he's too thrilled about such a recall, saying it wouldn't be "healthy." Citing all the financial turmoil in California, he said, "If someone's going to do some recalling, that should be the focus."

But Costa sounds certain such a recall would happen and agreed that it would be no problem at all for gay marriage opponents to quickly gather the signatures of 12 percent of the electorate to force a recall election targeting George, Kennard, Werdegar and Moreno. He said supporters of Prop. 8 such as the Knights of Columbus, the Mormon Church and other traditional religious groups all had "massive" resources to bring to bear.

He doesn't think the state Supreme Court will overturn Prop. 8. "I gotta believe they'll uphold the initiative process." But if the four justices do, Costa says expect an amazing spectacle.

I agree. I think literally hundreds of millions of dollars would be spent on the recall. Gay marriage opponents see Prop. 8 as akin to a last stand preventing a global movement toward acceptance of gay marriage and will go all out. Gay marriage supporters, for their part, will no longer accept incremental progress or "civil unions."

At least it would be good for the California economy.

[Originally posted here.]

4 comments:

Kurt Keyser said...

What is the likelihood of it being repealed? How can we help prevent it?

Reid said...

Likelihood unknown. The Court is really in a tough position on this one. Given that they have already overturned Proposition 22, I see no reason for them to stop there.

We can't help prevent it, but if they overturn it, I'll be working night and day to recall them.

Dr. Pedantic said...

They should overturn Proposition H8. It is an unconstitutional revision to the Constitution, not just a minor amendment. The bigots knew they could never actually revise the Constitution as required by law, because there aren't enough bigots in the CA legislature. So they decided to thwart the will of the people by circumventing the Constitutional procedures.

It's very simple: a tyrannical majority doesn't get to decide who is entitled to equal protection under the law, and who isn't. Otherwise, equal protection doesn't exist.

I hope the Supreme Court is brave enough to do the right thing and toss this illegal, discriminatory and hateful attempt to revise the Constitution to discriminate.

Reid said...

"So they decided to thwart the will of the people by circumventing the Constitutional procedures."

Doc - do you have any idea what you just said? Are you really appealing to the will of the people?