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Reply #64: If the law is contrary to the CA constitution... [View All]

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Almost_there Donating Member (352 posts) Send PM | Profile | Ignore Thu Aug-12-04 02:18 PM
Response to Reply #51
64. If the law is contrary to the CA constitution...
All that it would take is a simple challenge to the law, 308.5 of the California Code as you have twice pointed out to nullify the law, right? Or is it not that simple?

I am not sure what is required to dump the law, but, if the court voided the marriages, were they basing their ruling on 308.5 of the Family Code, or, some other aspect of California law? If it was ONLY on 308.5, then all that needs to be done is someone challenge the constitutionality of the law pertaining to the CA constitution itself, right?

However, I don't know if it is that simple, but, it might be. I just don't know. If there is something else IN the constitution that could be interpreted to read that marriage is between a man and a woman, then that brings a whole new wrinkle in. I'm just playing devil's advocate, but, I think all bases need to be covered.

~Almost
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