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...court can take up to 90 more days to issue its ruling, and questions during oral arguments do not always accurately reflect the thinking of individual justices. But Thursday's three-hour session did indicate that the primary argument advanced against Prop. 8 faces big hurdles in the court. Even the lawyers who are asking the court to declare Prop. 8 invalid because it is more like a constitutional revision - which would require approval by lawmakers as well as by voters - conceded, when asked by the court, that there is essentially no precedent in the court's history that directly...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...second argument, advanced by Attorney General Brown, is that the most important rights found in the constitution are inalienable and not subject to changes by a simple vote of the majority, because they are too important. That argument, too, seemed to suffer under scrutiny from some justices, who asked how the court was supposed to figure out how to draw the line between rights that can't be taken away and those that are subject to amendment...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...hearings did offer hope for the 18,000 or so same-sex couples who have already married. Starr argued that the language in Prop. 8 means that no gay marriages, even those performed when the practice was legal, can be recognized by state authorities. That argument brought a bristling reply from several justices, who said such a ruling would violate basic notions of fairness. Still, such opposition doesn't guarantee that the court won't strike down the existing marriages. Given that three justices voted against gay marriage in the first place, it may be that all Starr needs...

Author: /time Magazine | Title: Gay Marriage: Is California's Supreme Court Shifting? | 3/5/2009 | See Source »

...could save homeowners up to $350 per year on utilities. Van Jones, president of Green for All, made an impassioned plea to "give young people the chance to put down that handgun and pick up a caulking gun." Greg Nelson, official Middle Class Task Force liveblogger, commented on an argument among representatives from Portland, Ore., Los Angeles and Philly, who tried to out-green each other for the title of most environmentally friendly city. (See the top 10 green ideas...

Author: /time Magazine | Title: Obama's Middle-Class Task Force Has No Middle Class | 3/4/2009 | See Source »

...This trip was a breeze compared with what awaits Clinton next time. If Netanyahu forms a government, which is likely, he and Clinton are likely to clash over reviving the peace process. Netanyahu will have a powerful argument on his side: if he tears up campaign vows and backs the creation of a Palestinian state, as the Obama Administration wants, his right-wing-coalition partners would walk, plunging Israel into a state of political uncertainty...

Author: /time Magazine | Title: Clinton Schmoozes in Israel — at the Right Length | 3/4/2009 | See Source »

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