🚀 go-pugleaf

On Oct 30, 8:23 pm, "A Browne" <Rpalino@mailandnews..com> wrote:
> "kujebak" <kuje...@eudoramail.com> wrote in message
>
> news:696b82d9-1008-485c-9565-3323ea2b5f92@r37g2000prr.googlegroups.com...
> On Oct 29, 6:47 pm, "A Browne" <Rpalino@mailandnews..com> wrote:
>
> > > Let's not forget forget this measure
> > > would not have been necessary if the court had respected
> > > the will of the people in the first place.
>
> > The "will of the people" is not the final sole arbiter.
>
> > Civil Rights are not up for popular vote.
> > It has nowhere been established "homosexual marriage"
>
> is a civil right. <
>
> In some states it has.  It will be up to your state supreme court.
>
> When you grant some people the right to marry, and deny other the same right
> it is discriminatory....and discriminatory based on sexual
> preference...which is typically considered unsonstitional.    At least
> that's whats been found by supreme judicial courts in some of the states.
>
> > The purpose of Proposition 8 is to clarify the legal ambi-
>
> guity of homosexual marriage as a civil right. That's all
> there is to it.<
>
> But the judges can still overrule it.  You cannot pass a proposition that
> the courts deem against the state consitution/charter.
>
> > If the majority of "the people" decided to re-institute slavery, it would
> > not be valid, because the consitution doesn't allow it.
> >> Inappropriate precedent.
>
> OK, if 51% of the populous decides that inter-racial marriage should not be
> allowed (as they have)....it cannot be made into law (and was struck down by
> the supreme court).
>
> This is a right granted by the founders......and not up for popular
> vote..unless you change the documents or the people interpreting them.
>
> Even then, changing the documents usually take more than a simple majority.

I hope you realize that Proposition 8 is as much a public
backlash against the activist judiciary, as it is about same-
sex marriage. I personally don't care whether gay couples
get to keep their marriage certificates or not, but I'm vo-
ting for the proposition just to straighten out the courts ;-)