What’s Next for Same-Sex Marriage?

To the surprise of absolutely no one, the state Supreme Court Tuesday upheld November’s Proposition 8, which banned same-sex marriage in California. So now what?

Sure, there were thousands of gay rights demonstrators outside the court’s San Francisco home waving signs, blocking streets and shouting “Shame on you.” But the leaders of the Prop. 8 opposition and most of the people in the streets knew what the decision was going to be when they showed.

The decision was virtually guaranteed last November when Justice Joyce Kennard voted against even hearing the case against Prop. 8. Since Kennard was part of the 4-to-3 majority that ruled last May that same-sex marriage was guaranteed under the state Constitution, and the three dissenting justices likely hadn’t changed their minds, the math was daunting for the measure’s opponents.

Prop 8 Lives – At Least Until the Next Election

“When I’m wrong, I say I’m wrong” -from the movie “Dirty Dancing,” when Jerry Orbach, “Baby’s” (Jennifer Gray) father, apologizes to Patrick Swayze for having falsely accused him.

In the excitement after the election last November, right here on the pages of F&HD, on November 7, 2008, I wrongly called the outcome of Prop 8’s passage when it would eventually face future Constitutional challenge before the California Supreme Court.

When that day arrived Tuesday, the California Supreme Court by a 6-1 vote upheld the Constitutionality of Prop 8, the same-sex marriage ban enacted by California voters last Fall. Prop 8 thus lives on to fight another day; at least until another election when there will undoubtedly be another ballot initiative for California voters to mull over, debate about, and supply the Media Talking Heads with wall to wall material to push this amazing cultural power struggle right out there on center stage again.

All other things are not equal in California

California’s ongoing budget problem brings with it an endless supply of commentary and proposed fixes. Not long ago, I wrote that California now has a revenue problem. Long before that, I wrote The New Conservative Paradigm that suggested that we need a true part-time legislature, 2 year budget cycles, a true budget cap, pension reform, sun setting of programs, zero based funding and cost/benefit analyses for all spending programs – to name just a few necessary reforms.

The tax issue, as readers of my columns well know, is of particular concern to me. Simply stated, the California tax burden is too high – which, when combined with the national tax burden, the 2nd highest in our history – ensures that the California economy will be slow for years to come.

In light of that, I took great interest in Dan Walters’ column in yesterday’s Sacramento Bee entitled: Are California taxes too high or too low? Walters cites a study which says that California had the 6th highest state tax burden in 2008. Of course, that means California is not the worst. But Walters’ column does not tell the whole story that we need to know. Here is why:

Can California Make a Comeback?

Urban scholar Joel Kotkin gives his take on woeful California and how things might turn around in Forbes. Kotkin argues jobs and support for the middle class is the solution to California’s difficulties. And he also takes a shot at the current political leadership, recalling that political leaders in the 1990s were part of the solution in overcoming similar dire circumstances. It’s an interesting read. Take a look here.