Schwarzenegger Urges Supreme Court To Overturn Proposition 8 Message Board and Comments
Comments
To AnonyMe:
It's not as simple to amend the constitution to take away equal protection
rights as the Prop 8 supporters think. I urge you to read the brief filed with
the Supreme court challenging Prop 8, as it contains a very good discussion
about the distinction between a constitutional amendment and a revision. (All
of the papers on file are available to read on the Cal Supreme Court website.)
In particular, it explains why equal protection rights should not be taken away
by a simple majority vote. The equal protection clause in both the state and
federal constitution exists precisely to protect people from the whims of the
majority. As the California Supreme Court has already held that gays and
lesbians are a "suspect class" under the California consitution, I believe it
will find that Prop 8 is invalid as a constitutional amendment.
No matter which side you're on, the CA Supreme Court has no say on this one.
Prop 8 wasn't a bill, it was a Constitutional Amendment that was enacted
according to the State Constitution. Therefore, it can't be called
unconstitutional. The only way it could be is if you found something in the US
Constitution that protected gay marriage. Then you might be use the Supremacy
Clause and conflict preemption to have the Amendment invalidated.
Ok so lets put a prop on the ballot against practicing religion and see if
thats going to pass. Anyone can put a prop on the ballot but that doesnt mean
it's legal.
it's not a civil matter is a moral matter right.
if my vote did not count then why vote at all?
make it clear the people have voted twice now and yet our "governor" if you can
say he is a "governor" won't listen to the same people that vote for him? why
is that??
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