Schwarzenegger Urges Supreme Court To Overturn Proposition 8 Message Board and Comments



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Prop 8 IS unconstitutional Click for more info ( 1)

posted on 14/11/2008 23:21


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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.




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AnonyMe Click for more info ( 1)

posted on 11/11/2008 16:26


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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.




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debbym Click for more info ( 1)

posted on 11/11/2008 00:59


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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.




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praalice Click for more info ( 1)

posted on 10/11/2008 20:48


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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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