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Is a California judge having second thoughts on Prop. 8?

By Michelle Malkin  •  November 25, 2008 12:45 PM


The California Supreme Court’s order last week to consider legal challenges to Proposition 8 contained one surprising twist — the name of the sole justice who voted against hearing the cases.

Justice Joyce L. Kennard, a staunchly independent if not stubborn jurist, has a lengthy record of protecting gay rights, including the right to marry, and often sides with the underdog in rulings.

In fact, her record is so unwavering that many gay-rights activists and several independent legal scholars surmised that her vote against hearing the legal challenges was procedural — for example, she might have wanted them to be filed in lower courts first — and did not reflect her thinking on the cases.

But a close reading of the court’s one-page order suggests that gay-rights advocates may have lost a usually predictable ally in their effort to overturn Proposition 8.

“It definitely isn’t a good sign,” said UCLA Law Professor Brad Sears, an expert on sexual-orientation law.

She better watch out. The tolerance bullies are not going to be pleased.

Posted in: Proposition 8