About Contact Archives RSS Columns Photos

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

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

Hmmmm….

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

See what others have said

Note from Michelle: This section is for comments from michellemalkin.com's community of registered readers. Please don't assume that I agree with or endorse any particular comment just because I let it stand. A reminder: Anyone who fails to comply with my terms of use may lose his or her posting privilege.

Trackbacks

  1. Culture War Continues in California « The Right Knight
  2. David’s Blog of Common Sense » Trouble for Anti-Prop 8 ActivistsI
  3. Gay “marriage”: Stop the Madness! « Mark’s Political Musings
  4. How To Win Friends and Influence People, by Al-Gayda « Jane Q. Republican
  5. Linkapalooza Part II: My Favorite Blogs « The Pugnacious Irishman
  6. Thought Cloud For November 26, 2008 — ETC: Everyday Thoughts Collected
  7. Moderate Blogger » Is a California judge having second thoughts on Prop. 8?

Trackback URL

Comments

  1. #1
    On November 25th, 2008 at 12:49 pm, ATC Guy said:

    Anything that “isn’t a good sign” to the UCLA, is a good thing to me

  2. #2
    On November 25th, 2008 at 12:51 pm, AlohaGuy said:

    They haven’t perched in her trees and thrown feces at her yet?

  3. #3
    On November 25th, 2008 at 12:51 pm, On-my-soap-box said:

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

    This is nothing to get excited about. She just had a momentary lapse. She will come to her senses soon wait and see. Tiger/stripes thing.

  4. #4
    On November 25th, 2008 at 12:52 pm, ATC Guy said:

    Correction to the previous…
    I meant to anybody teaching law at UCLA, not to be confused with the ACLU

  5. #5
    On November 25th, 2008 at 12:55 pm, locomotivebreath1901 said:

    AlohaGuy said:

    They haven’t perched in her trees and thrown feces at her yet?

    ROTFLMAO!!!

  6. #6
    On November 25th, 2008 at 12:58 pm, b-cat said:

    She better watch out. They’ll be boycotting her court and extorting her.

  7. #7
    On November 25th, 2008 at 12:58 pm, RetFireman said:

    Looks like someone is about to have their entire life destroyed…just as soon as anything with their name attached to it is invaded in order to find out any and all personal information. Following that, this Justice’s home should have been found out and thus the intimidation of her will commence with vigils, harrassing phone calls, threats, etc. night and day until that person capitulates and offers up the extortion money to whatever “cause” that the terrorists demand of her etc., etc., etc.

    After all, NO ONE is permitted to have their own opinion…ESPECIALLY a judge if it goes against the Gay Agenda and what their Brownshirts demand.

    This may actually work so far against them that their ability to figure out just how much will boggle their minds for years.

  8. #8
    On November 25th, 2008 at 1:01 pm, sonofdy said:

    Liberal thugs are destroying this country.

  9. #9
    On November 25th, 2008 at 1:04 pm, JammieWearingFool said:

    Other than moving, de-listing her phone number, being badgered the rest of her life and maybe having plastic surgery to change her appearance, I’d say she has nothing to worry about.

  10. #10
    On November 25th, 2008 at 1:07 pm, Flyoverman said:

    Liberal thugs are destroying this country.

    The only possible way that can happen is if WE let them. And I am not disposed to doing that, thank you very much.

  11. #11
    On November 25th, 2008 at 1:07 pm, zorro said:

    UCLA Law Professor Brad Sears, an expert on sexual-orientation law.

    Wow, that’ll look great on a resume.

    /eyes rolling

  12. #12
    On November 25th, 2008 at 1:09 pm, tre said:

    I wonder if Bash Back will invade and disrupt her court room?

  13. #13
    On November 25th, 2008 at 1:10 pm, Flyoverman said:

    On November 25th, 2008 at 1:07 pm, zorro said:

    UCLA Law Professor Brad Sears, an expert on sexual-orientation law.

    Wow, that’ll look great on a resume.

    I wonder if the orientation takes place in a 2, 3, or 4 dimensional space? :)

  14. #14
    On November 25th, 2008 at 1:11 pm, corkie said:

    Maybe she respects the constitution which has been properly amended.

  15. #15
    On November 25th, 2008 at 1:15 pm, Flyoverman said:

    On November 25th, 2008 at 1:11 pm, corkie said:
    Maybe she respects the constitution which has been properly amended.

    Now wouldn’t that be refreshing. We can always hope!

  16. #16
    On November 25th, 2008 at 1:15 pm, purplepeep said:

    The sleazy attacks against those who defend marriage from assault continue:
    Mormon Church Involvement in Prop 8 Investigated

  17. #17
    On November 25th, 2008 at 1:18 pm, USN RET said:

    My cynical thought is she is trying to cover herself in case there is an attempt to recall any of the state court justices.

  18. #18
    On November 25th, 2008 at 1:19 pm, b-cat said:

    On November 25th, 2008 at 1:15 pm, purplepeep said:
    The sleazy attacks against those who defend marriage from assault continue:
    Mormon Church Involvement in Prop 8 Investigated

    As if there weren’t leftie/gay orgs contributing against Prop 8. Fairies.

  19. #19
    On November 25th, 2008 at 1:23 pm, TimothyJ said:

    If they obstruct the will of the California electorate, it is time to vote them out. Kick all these judges off the court.

  20. #20
    On November 25th, 2008 at 1:25 pm, purplepeep said:

    b-cat said:

    On November 25th, 2008 at 1:15 pm,

    purplepeep said:
    The sleazy attacks against those who defend marriage from assault continue:
    Mormon Church Involvement in Prop 8 Investigated

    As if there weren’t leftie/gay orgs contributing against Prop 8.

    Indeed this is all about intimidation and harassment by the Orwellian-named “Against Hate” thugs.

    (But - by the way - the name-calling I didn’t quote is out of place here and not helpful, B-Cat.)

  21. #21
    On November 25th, 2008 at 1:25 pm, jt3151 said:

    Is there any chance that she is putting the law before her personal beliefs?

  22. #22
    On November 25th, 2008 at 1:28 pm, b-cat said:

    In the interest of being inclusive, we should get the input of the Islamic vote. Maybe they can call CAIR?

  23. #23
    On November 25th, 2008 at 1:31 pm, feebiebabe said:

    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 College, I was in a legal studies program for my major. I had the opportunity to sit in on a case that Kennard was presiding over – it was a very memorable experience. She was the one Justice I remember. I don’t always agree with her decisions, but she is something else to watch. She is this petite lady who packs quite the punch. Thunderous.

    About the underdog. This IS well known. I remember in the hearing I sat in on, she was going after the defendant (the underdog) with a barrage of questions. She got him to the point of speechless.

    We spoke to both trial attorney’s after and he was still wondering what hit him.

    I later asked my professor (also an attorney) about what was going on with her hammering away at this man like she did.

    His response was interesting, sometimes when they do this, they are actually being the attorney’s best friend. Perhaps there was a “sticking” point in Chambers after reviewing the case. By asking harsh questions, what appears to be bullying or non-agreement is actually the Justice trying to get questions answered that were problematic behind the scenes. Questions that will be argued so that he/she can move undecided’s over to their position. Sometimes the “bullying” justice is actually the attorney’s best ally.
    Any way. Kennard is a very brilliant woman. I’ve seen her in action, but because of my experience, I wouldn’t hang my hat on Prop 8 not being overturned.

  24. #24
    On November 25th, 2008 at 1:35 pm, Dexter Alarius said:

    Whether a state ban on same-sex marriage is constitutional “is not a matter to be decided by the executive or legislative branch, or by popular vote, but is instead an issue of constitutional law for resolution by the judicial branch,” Kennard wrote.

    WTF?!!!

    Why is this person even a judge?!

    Whatever happened to this being a government Of the People, By the People and For the People?!

  25. #25
    On November 25th, 2008 at 1:38 pm, Me said:

    This is just like the Danish cartoon fiasco. If you don’t like something, burn something down and then the authorities will change their minds. You might as well declare California a banana republic with Generalissimo Arnold in charge.
    It’s absurd. The gay lobby couldn’t convince people before the vote and now they are bullying everyone until they get their way. Why aren’t they being arrested? Aren’t there laws against violence?

  26. #26
    On November 25th, 2008 at 1:47 pm, TomB said:

    The CA Supremes would do well to consider the case of Rose Byrd and her court before doing anything hasty. (Too young or not from CA? They were recalled because they refused to uphold death sentences as demanded by the people.)

  27. #27
    On November 25th, 2008 at 2:18 pm, Paul Revere said:

    Dangit. I was hoping she is black. She’s not. Dangit.

  28. #28
    On November 25th, 2008 at 2:41 pm, cheapseat said:

    dexter it is interesting that not one but two votes of the people can’t bring about a law. if this is the case, and they overturn this change of the constitution by judicial fiat, the people might need to change the constitution to not allow judicial review of state constitutional amendments, and if any judicial department does review these amendments they can be impeached and removed from office.

  29. #29
    On November 25th, 2008 at 2:48 pm, garyganu said:

    Isn’t it ironic that the main reason why gays want homosexuality depicted in schoolbooks and accepted and promoted as a positive alternative lifestyle, is to reduce bullying of homosexuals in school.

    Gay activists claim that gay teenagers have a suicide rate four times higher than normal kids. They blame this on intolerance and bullying. The media, schools, and universities think that by normalizing homosexuality they will reduce bullying and thus reduce gay suicide rates. The truth is that all people with psychological disorders have high suicide rates. Homosexual activists have successfully lobbied mental health authorities to remove homosexuality form the list of mental disorders. However, I feel that homosexuality is a disorder, and health officials were bullied into changing its classification, just as the activists are now bullying the public to accept gay marriage.

    My Views on Homosexuality

  30. #30
    On November 25th, 2008 at 2:58 pm, right4life said:

    Whatever happened to this being a government Of the People, By the People and For the People?!

    that ended decades ago.

  31. #31
    On November 25th, 2008 at 3:00 pm, redpeach said:

    feebiebabe brings up an excellent perspective. Kennard just might be helping them. She may want them to go through different channels or follow a different procedure that will make the case ironclad when it finally reaches her in court.

  32. #32
    On November 25th, 2008 at 3:10 pm, Valerie said:

    She may have concluded that the civil rights question has been asked and answered.

    http://www.sos.ca.gov/dpregistry/

    excerpt:

    The California Supreme Court decision issued on May 15, 2008, regarding same-sex marriages did not invalidate or change any of the Family Code statutes relating to registered domestic partners. Until a Notice of Termination is filed with our office, a registered domestic partnership will remain active on the California’s Domestic Partnership Registry. This office will continue to process Declarations of Domestic Partnership, Notices of Termination of Domestic Partnership and other related filings as permitted by the domestic partnership law. If you have specific questions about how the Supreme Court’s decision may apply to your circumstances, you should consult with a private attorney.

    California Family Code

    297.5. (a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.

  33. #33
    On November 25th, 2008 at 4:04 pm, dan708 said:

    More likely, if Judge Kennard doesn’t do what the gay lobby wants, they will set up a tent in her front yard and have another SanFran-style spank-fest!

  34. #34
    On November 25th, 2008 at 4:23 pm, Tazed and Confused said:

    The best thing about gays is that they are headed to self-extinction.

  35. #35
    On November 25th, 2008 at 5:45 pm, leepro said:

    …sexual-orientation law.

    G.G.Almighty

    What are we coming to?

  36. #36
    On November 25th, 2008 at 6:24 pm, TooMuchTime said:

    My feelings on the gay marriage issue:

    net helpmsg 4006

  37. #37
    On November 25th, 2008 at 7:26 pm, happy2behere said:

    Her vote against the hearing was just window dressing. The supremes want to show that the fix isn’t in, except it already is, they wrote it into the decision on 5/15/2008. See above post #32.

  38. #38
    On November 26th, 2008 at 8:44 am, jangar said:

    On November 25th, 2008 at 2:48 pm, garyganu said:

    It goes a lot deeper than that…

    …a sign of the times.

  39. #39
    On November 26th, 2008 at 12:30 pm, jt3151 said:

    On November 25th, 2008 at 4:04 pm, dan708 said:
    More likely, if Judge Kennard doesn’t do what the gay lobby wants, they will set up a tent in her front yard and have another SanFran-style spank-fest!

    Well.. maybe that’s what she wants.

You must be logged in to post a comment.

Attorney General Moonbeam flip-flops on Prop. 8

December 19, 2008 10:20 PM by Michelle Malkin

161 Comments | 12 Trackbacks

Are you proud of yourselves, anti-Prop. 8 mob?

December 15, 2008 10:19 AM by Michelle Malkin

297 Comments | 14 Trackbacks

“Not everyone has to believe the same things.” Or do they?

“Day Without a Gay” ends, world survives

December 11, 2008 09:35 AM by Michelle Malkin

67 Comments | 9 Trackbacks

NYT celebrates anti-Prop. 8 mob

December 10, 2008 09:45 AM by Michelle Malkin

47 Comments | 3 Trackbacks

The fishwrap of record whitewashes the anti-Prop. 8 mob.

Anti-Prop. 8 activists will “call in gay”

December 9, 2008 11:49 AM by Michelle Malkin

128 Comments | 14 Trackbacks

Strike out.

Another Mormon run over by the anti-Prop. 8 mob’s bus

December 8, 2008 06:26 PM by Michelle Malkin

77 Comments | 14 Trackbacks

Be “tolerant.” Or else.

Who will make the other Prop. 8 musical?

December 3, 2008 02:50 PM by Michelle Malkin

117 Comments | 6 Trackbacks

Low notes.

Anti-Prop. 8 Mob Watch: A new blacklist published

November 29, 2008 10:40 AM by Michelle Malkin

203 Comments | 17 Trackbacks

“It’s a shame.”


Categories: Proposition 8


Bench Memos

» Sunstein to OIRA

Riehl World View

» An Unnecessary President

Weekly Standard

» Beat to the Punch