California Family Law Attorney Issues Statement on Supreme Court Proposition 8 Ruling
Los Angeles, CA (PRWEB) June 2, 2009
California Family Law attorney Mary Ellen Waller says the recent ruling by the California Supreme Court on the validity of Proposition 8 is a dangerous ruling for all minorities. The following is a statement by Waller analyzing the decision:
The Court has handed the mob a loaded weapon that can too easily be used to pursue inappropriate discriminatory goals and agendas. The ruling undermines the judiciary’s authority to protect minority rights and it substantially alters the California Constitution as a document of independent force and effect.
In its ruling, the Court has altered the procedural process regarding Constitutional initiatives having to do with civil rights. They have done so by removing the procedural requirement that initiatives affecting only individual liberties go through the more rigorous, deliberative process known as Constitutional revision (as opposed to Constitutional amendment). The implications of this ruling have a far-reaching and chilling effect on state constitutional rights as this ruling has eased constraints on the ability of the majority interests in our State to discriminate. Indeed, it has been a hallmark of our State Constitution, our Federal Constitution, and the very fabric upon which our political and social systems in this nation were formed that we operate on a system of majority rule with protection for minority rights. Great and honorable steps against “tyranny of the majority” have been undertaken throughout our history, and sweeping policy attitudinal changes and reforms have been imposed to protect the rights of the minority in society.
This is why, for example, it is against the law to refuse to hire an individual because of their race or ethnic origin; why it is illegal to deny equal access to government based on a suspect classification (such as race, gender, religion, etc). These issues are very often hotly contested and debated, yet to our credit as a people very often we have been able to rise above our own individual prejudices and dislikes. We have enacted laws that are designed to protect the members of a minority group, members of, in Constitutional parlance, a “suspect class.” Race is generally considered to be the most easily recognizable example of a suspect classification, and there are indeed many others as well.
This assessment of the high Court’s “invitation to discriminate” falls far short of mere speculation or conjecture; a discriminatory pattern of behavior by the majority towards minorities is a well-documented reality throughout history. Let us recall that Nazi Germany started with German citizens being stripped of their rights for no reason other than their religion, Japanese-Americans of this country went from curfew to internment, women were not allowed to vote, and blacks were “separate”, “but equal,” a concept that is all too blatantly adopted by the Proposition 8 ruling. The Proposition 8 ruling opens the door for a majority of California voters to adopt future measures designed to gradually reduce or eliminate fundamental rights of vulnerable minorities. Click here to read more http://www.TheCaliforniaFamilyLawBlog.com
Mary Ellen Waller is a family law attorney licensed in California and New York. She is a shareholder of Feinberg & Waller, APC, a firm practicing exclusively in the area of family law with offices in Calabasas and Beverly Hills, California. The Daily Journal, the State of California’s legal newspaper, recently published an article by Waller entitled, “Whatever the Prop.8 Outcome, Some Families Will Be Stuck in Legal Limbo”. An in-depth analysis and report on the Supreme Court ruling on Proposition 8 can be found at http://www.TheCaliforniaFamilylawBlog.com
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