Rollo Tomasi wrote:As for who is on the correct side of the controversy, I can't help but show disdain for any lawyer who claims to know something of constitutional law, such as you, but who supports stripping away a constitutional right from a targeted segment of society. Shame on you, counselor.
There you go, another personal slam. You just can't win, can you, without mocking some personal attribute of mine?
In reality, "civil rights" are those defined by the people. They can be granted; they can be taken away. There is nothing unconstitutional about "taking them away" unless it is somehow in conflict with the constitution. It is a continuing canard of yours to say that somehow it is unlawful to take away somebody's rights.
If Prop 8 fails, it will not be on your favored ground. If it fails it will fail on the the amendment vs. revision issue, or the fact that Prop 8 did not overrule Marriage Cases' holdings about suspect classes and equal protection. But not on the nutty doctrine that one can't pass an amendment to take away somebody's rights?
Where was the hew and cry when Californians reimposed the death penalty? People v. Frierson, 25 Cal. 3d 142 (1979), the California Supreme Court, upheld California's death penalty initiative when it was argued that one cannot use the initiative process to strip away rights.
After it was held by a court that California's school system was de facto segregation, and a court imposed forced busing, an initiative changed the constitution to prohibit forced busing. Crawford v. Board of Education, 113 Cal. App. 3d 633 (1980), affirmed 458 U.S. 527 (1982) upheld the initiative against the claim that one can't take away the rights of minorities.
And Prop 187 which took away the civil rights of illegal immigrants? That was not overturned on the basis that rights were taken away once possessed.