CA Supreme Court agrees to review Prop. 8 ....

[_Rollo Tomasi]

See link below for full story. In the words of Yogi Berra, "it ain't over til it's over."

http://www.mercurynews.com/news/ci_11024156



Here's hoping this atrocity is thrown out.

[_Mercury]

So lets review:

Ballot initiative: filing fee

Media campaign for prop 8: millions of dollars

One of the worst PR nightmares since polygamy: PRICELESS

[_Some Schmo]

I heard about this last night on the news. Man, if it were overthown, that would be so sweet. All that Mormon money spent deserves to be wasted. Any money spent on bigotry should be wasted.

Here's hoping.

[_Jason Bourne]

Rollo

Help me out here. I do not understand the legality of this. Was not the proper procedure followed to amend the CA constitution? If I understand the process for amending the US constitution once an amendment is ratified by the states the SC cannot overturn it can it?

So, if the state of CA passed a law and the courts declared said law unconstitutional and the people of the state then pass a proposition to amend the constitution why would the state SC even need to review this?


And by the way, not all who voted for Prop 8 were bigoted. The LDS Church's official position on it web page was not bigoted. To continue to blanketly call such people and positions bigots and bigoted is in and of itself bigotry.

[_Some Schmo]

And by the way, not all who voted for Prop 8 were bigoted. The LDS Church's official position on it web page was not bigoted. To continue to blanketly call such people and positions bigots and bigoted is in and of itself bigotry.

I asked you this before and you seemed to ignore the question. It appears you don't have an answer, but I'll give you a chance to come up with something now:

What rational (non-bigoted) reason is there to support Prop 8?

Give it your best shot.

[_rcrocket]

What rational (non-bigoted) reason is there to support Prop 8?

Obama, Biden and the Clintons are on record as being against gay marriage. Obama was very clear at his Rick Warren interview. Obama and Biden reluctantly said they would have voted against Prop 8, but that doesn't change the fact that they are against gay marriage.

Also, I have cited the conclusions of the Witherspoon report previously, which sums up a lot of sociological thinking on a natural law basis.

[_Rollo Tomasi]

Was not the proper procedure followed to amend the CA constitution? If I understand the process for amending the US constitution once an amendment is ratified by the states the SC cannot overturn it can it?

I'm no expert on CA state law, but it seems the proper procedure was followed (at least on its face). The bigger issue is whether the people of CA can, by amendment, take a fundamental right was from a targeted segment of society. This would seem to violate another part of the CA state constitution, Section 7(b) of Article I of the Declaration of Rights in the CA state constitution, which states in relevant part:

A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.

Prop. 8 would seem to do just that for heterosexuals by denying the right to marry to homosexuals. Thus, the court could find that Prop. 8 is invalid because it violates this protection in the Declaration of Rights.

So, if the state of CA passed a law and the courts declared said law unconstitutional and the people of the state then pass a proposition to amend the constitution why would the state SC even need to review this?

Because the amendment itself violates the CA state constitution (see above comment).

And by the way, not all who voted for Prop 8 were bigoted.

Agreed, but I think most voted out of bigotry (even if subconcious).

The LDS Church's official position on it web page was not bigoted.

The Church can claim whatever it wants, but I believe its "official position" is blatant bigotry.

[_Rollo Tomasi]

What rational (non-bigoted) reason is there to support Prop 8?

Obama, Biden and the Clintons are on record as being against gay marriage. Obama was very clear at his Rick Warren interview. Obama and Biden reluctantly said they would have voted against Prop 8, but that doesn't change the fact that they are against gay marriage.

Political expediency, in my opinion. If anything, it shows a lack of balls. And I found this lack of courage disheartening.

[_cinepro]

Rollo

Help me out here. I do not understand the legality of this. Was not the proper procedure followed to amend the CA constitution? If I understand the process for amending the US constitution once an amendment is ratified by the states the SC cannot overturn it can it?

The trick is that you can either amend the CA State Constitution (i.e. add something to it), or you can revise it (i.e. change something that is already a part of it). The process is different for each.

If Prop 8 was true amendment, then the proper process was followed, and it's a done deal (unless the US Supreme Court determines that it violates the US Constitution).

But if it's a revision to the existing Constitution, then it didn't follow the proper process, and it would be invalid.

[_asbestosman]

If anything, it shows a lack of balls.

If anything, I think your statement shows your bigotry (sexism). ;)