Inferno
activist professor
- Joined
- May 8, 2009
- Messages
- 2,017
- Reaction score
- 713
- Location
- Tipping Velvet
- Gender
- Female
- Political Leaning
- Very Liberal
Proposition 8 amended the California State Constitution. It cannot be overturned as being unconstitutional. If the courts overturn, they are rewriting the constitution; that is beyond the competence of every court.It is getting to the final days. The decision on CA's Prop 8 is coming up this week. Will the courts stand up for civil rights as they always have. Will they fight for the 4% of Americans that have no voice? Will they allow the mob rule that can be an ugly thing?
I do believe that the courts will do the right thing and overturn Prop 8! :2wave:
The travesty would be for the court to overreach and rewrite the California constitution. That would be the end of the rule of law in California.I really do believe that the courts will overturn this travesty of justice and freedom to all Americans.
The Prop 8 amendment violates Article 1, Section 1, of California's Constitution, which enumerates "inalienable rights" to, among other things, liberty, happiness and privacy.Proposition 8 amended the California State Constitution. It cannot be overturned as being unconstitutional. If the courts overturn, they are rewriting the constitution; that is beyond the competence of every court.
Unsubstantiated tabloidesque drama in it's purest form.That would be the end of the rule of law in California.
The Prop 8 amendment violates Article 1, Section 1, of California's Constitution, which enumerates "inalienable rights" to, among other things, liberty, happiness and privacy.
Where is "marriage" in there?
It is getting to the final days. The decision on CA's Prop 8 is coming up this week. Will the courts stand up for civil rights as they always have. Will they fight for the 4% of Americans that have no voice? Will they allow the mob rule that can be an ugly thing?
I do believe that the courts will do the right thing and overturn Prop 8! :2wave:
What purpose does it serve to be part of obstructing it then? Why not just save us all a lot of trouble and legal expenses?In 20 years or so we'll see pretty much every state legalize gay marriage, but for now things are the way they are.
An amendment to a constitution is structurally unable to violate that constitution. It is, by definition, an alteration of the form, substance, and terms of that constitution.The Prop 8 amendment violates Article 1, Section 1, of California's Constitution, which enumerates "inalienable rights" to, among other things, liberty, happiness and privacy.
What is pure BS is the canard that people are saying any such thing.The right thing is to respect the will of the people....And its is pure BS to say that the homosexuals have no rights...
An amendment to a constitution is structurally unable to violate that constitution. It is, by definition, an alteration of the form, substance, and terms of that constitution.
The simplest counter is that Prop 8 substantively declares gay marriage not among the "inalienable rights"--which, as an amendment to the constitution, is perfectly legal and reasonable.
Unless of course it's repealed using the following criteria:What is pure BS is the canard that people are saying any such thing.
The will of the people was to pass Prop 8. The Amendment should stand.
Proposition 8 amended the California State Constitution. It cannot be overturned as being unconstitutional. If the courts overturn, they are rewriting the constitution; that is beyond the competence of every court.
The travesty would be for the court to overreach and rewrite the California constitution. That would be the end of the rule of law in California.
Courts get to say what the law is. Legislatures and voters get to say what the law should be. That is the order of things.
Where is "marriage" in there?
I support gay marriage but the fact is once something is done, it's done. The courts would be overstepping their boundaries to try to overturn a constitutional amendment on a constitutional basis.
In 20 years or so we'll see pretty much every state legalize gay marriage, but for now things are the way they are.
The right thing is to respect the will of the people....And its is pure BS to say that the homosexuals have no rights...
The Ca Constitution needs to be in line with the US Constitution. If it is not than it need to be rewritten. The CA Prop 8 fight will bring this to the SCOTUS and will see that same sex marriage will be made legal in every state. It could work for the best if CA decides it wants to go against the US Constitution.
And allow mob rule. That is why the rule of law is in place. It is a protection to keep the 51% from keeping the 49% from having in any rights at all.
The SCOTUS will not say that the US Constitution requires states to allow gay marriage, nor will it even hear such a case.
This is a bit of a broad statement. Yes, there are rules designed to keep the majority from oppressing the minority in some situations. However, the purpose of democracy is to allow the majority to make decisions that affect everyone.
The question isn't whether 51% can rule over 49% in any situation, it's whether this is a specific case where 51% can't rule over 49%. Nothing indicates that it is.
If it were about family as Jerry mentioned in another thread I would not mind it being overturned (don't see that happening though) but it's not. It is about social engineering.
I have asked before and no one answered, so I will ask again.
If in CA gay couples already gets all the rights, benefits etc of heterosexual couples, why is it they so desperately want it called marriage?
That is what the people said about Roe v Wade and Doe v Bolton. The SCOTUS will have to hear this eventually. The ACLU and Lambda Law are already framing cases for just that occasion.
They can frame it all they want, but the SC doesn't have to hear anything, and it's highly unlikely that the court would require the states to do anything here.
Abortion is a completely different issue than gay marriage.
The courts cannot "do the right thing" by overturning the legally expressed will of the voters, unless one wishes to believe that tyrannical governments are morally superior to republican government.It is getting to the final days. The decision on CA's Prop 8 is coming up this week. Will the courts stand up for civil rights as they always have. Will they fight for the 4% of Americans that have no voice? Will they allow the mob rule that can be an ugly thing?
I do believe that the courts will do the right thing and overturn Prop 8! :2wave:
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