Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Has the CA Supreme Court already said they'd throw out Prop 8?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 04:49 AM
Original message
Has the CA Supreme Court already said they'd throw out Prop 8?
Edited on Tue Nov-18-08 05:04 AM by BR_Parkway
Unless there's another way to interpret this from their earlier historic, but very clearly written decision


From Page 6 of the May 15, 2008 decision:

"..under this state's Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process."

http://www.nclrights.org/site/DocServer/Marriage_Ruling.pdf?docID=3001


edited Title
Printer Friendly | Permalink |  | Top
LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 04:53 AM
Response to Original message
1. Prop 8 was a constitutional amendment, not a statutory initiative.
The bolded comment is a rejection of the prop the ruling invalidated, prop 22.
Printer Friendly | Permalink |  | Top
 
lapfog_1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 04:59 AM
Response to Reply #1
2. And someone should be on the case to charge
the rules (via another constitutional amendment) so that a simple majority is insufficient to change the constitution.

And pass THAT ballot measure right AFTER another is passed that rescinds Prop 8.
Printer Friendly | Permalink |  | Top
 
LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 05:01 AM
Response to Reply #2
4. They really should.
Unfortunately, it's a very difficult sell to get voters to take power away from themselves.
Printer Friendly | Permalink |  | Top
 
BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 05:03 AM
Response to Reply #1
5. Isn't the current argument of the briefs filed that it was a statutory initiative
(simple majority) that should have required a full Constitutional Amendment (2/3's?)
Printer Friendly | Permalink |  | Top
 
LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 05:19 AM
Response to Reply #5
7. The issue is if it's a constitutional amendment (simple majority) or a revision (2/3)
It's definitely not a statutory initiative, because that's what 22 was, and it was overturned, which is why they wanted to change the state constitution so badly.
Printer Friendly | Permalink |  | Top
 
Joe the Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 05:00 AM
Response to Original message
3. If they throw it out.....
Then all the churches and religious organizations who spent millions on trying to pass it will have spent that money for nothing. :rofl:
Printer Friendly | Permalink |  | Top
 
BR_Parkway Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 05:04 AM
Response to Reply #3
6. Daddy Dobson might have to lay off another 20% of his professional
hate mongering staff.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Mon May 06th 2024, 02:41 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC