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Analysis of California Marriage Argument

Timothy Kincaid

March 8th, 2008

Manuela Albuquerque, recently retired City Attorney of the City of Berkeley, analyzed the questions of the California Supreme Court Justices and predicts that they will invalidate opposite-sex restrictions on marriage.

The opinion will likely be authored by Justice Werdegar and it will garner a minimum of three other votes from the Chief Justice, and Justices Kennard and Moreno. (It takes four votes for a majority opinion on this seven-member court.) It is quite possible that the opinion will be unanimous because the three remaining justices are having analytical difficulty finding a conceptual rationale to uphold the opposite-sex restriction even though, from their questions, it appears that they are troubled at the prospect of striking it down.

Albuquerque provides concise, easy to read definitions of the factors the judges have to consider. I hope she’s right.



Daniel Gonzales
March 8th, 2008 | LINK

I was still an ex-gay when Prop 22 was voted on, and I voted in favor of it. To say the will of the people of CA has remained unchanged is false.

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