Today's decision by the California Supreme Court in Strauss v Horton—the lawsuits seeking to overturn Prop 8—was decided by a lopsided 6 to 1 majority. Only one justice voted against Prop 8 and believed the rights of minorities should never be enshrined in the constitution by a simple majority vote. That was Justice Carlos R. Moreno.
The summary of Moreno's dissent:
"In my view, the aim of Proposition 8 and all similar initiative measures that seek to alter the California Constitution to deny a fundamental right to a group that has historically been subject to discrimination on the basis of a suspect classification, violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning. Such a change cannot be accomplished through the initiative process by a simple amendment to our Constitution enacted by a bare majority of the voters; it must be accomplished, if at all, by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons. I would therefore hold that Proposition 8 is not a lawful amendment of the California Constitution."
Moreno was in the majority in California's historic judicial decision that affirmed the right of same-sex couples to marry.
Two weeks ago it was revealed Carlos Moreno was on President Obama's short list to replace the retiring Justice David Soute. This morning the president announced he would nominate Sonia Sotomayor, currently a judge on the U.S. Court of Appeals for the Second Circuit, to replace Souter.
Some Background ...
Pro Same-Sex Marriage Carlos Moreno on Obama's SCOTUS List? [R20]