Ken Starr gives Prop 8 argument preview

02/10/09 Baptist Press: "NASHVILLE, Tenn. (BP)--Perhaps giving a preview of what he will argue before the California Supreme Court next month, Kenneth Starr said Feb. 10 that the constitutionality of Proposition 8 turns less on the issue of 'gay marriage' and more on the issue of whether the state's citizens have the power to overturn even controversial court rulings."

" 'What is being argued before the California Supreme Court is: Do the people have power under the California constitution to amend the constitution so as to overturn a specific decision of the California Supreme Court? It's a very important but nonetheless different issue than the underlying constitutional issue of the right to marry someone of the same sex,' said Starr, who has not been granting media interviews about the case."

Georgetown University Law Professor Nan Hunter identifies what she thinks "Starr got right - his apparent openness to the substitution of civil unions for marriage as the relevant civil legal status ... The key issue is that everyone who wants their couple relationship recognized should be part of the same legal category. Whether it is called 'marriage' or 'civil union' (or whatever) is completely inconsequential."

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