Our law starts with the U. S. Constitution. Then state constitutions. Then regular old laws (traffic laws, statutes, etc.). By constitutional definition, a law cannot be passed (by legislature or electoral consent) that stands in conflict with a state Constitution (and by extension, the Federal Constitution). Even McCain stands against a Federal Constitutional amendment prohibiting gay marriage
Prop 22 was found to be in violation of the Equal Protections clause of the California Constitution. That decision is PRECISELY in the definition of the role of the judiciary. That's kinda the point of CO-EQUAL BRANCHES OF GOVERNMENT.
Prop 8 is an attempt at adjusting the state Constitution to make an end run around the "unconstitutionality" of the language of Prop 22. But, here's the deal... The will of the people DOES NOT TRUMP THE RIGHTS OF THE FEW. That's at the core of our Constitution.
People keep talking about the judges overthrowing the will of the people. Rather, the California Supreme Court refocused the attention of the people to our Constitution and its equal protection defenses.
Before 1977, the civil code in California defined marriage as "...a personal relation arising out of a civil context, to which consent of the parties making that contract is necessary."
When this was found to be too vague for some folks they changed it that year to add the words between a man and a woman. However, another section of the civil code allowed California to recognize marriages from other states. Even THAT was too much, so Prop 22 was born... which led us to Prop 8.
The Judiciary is important...
That's why the Dred Scott v. Sandford decision has no force today...
That's why Plessy v. Ferguson was struck down upon JUDICIAL REVIEW...
That's why Brown v. Topeka blasted apart "Separate, but Equal", Jim Crow and segregation...
That's why Loving v. Virginia prevailed and allows couples of different races to marry...
DISCRIMINATION IS WRONG. Prop 8 isn't about kids... it isn't about religion. It's about discrimination.
And it's wrong.
VOTE NO ON PROP. 8
Prop 22 was found to be in violation of the Equal Protections clause of the California Constitution. That decision is PRECISELY in the definition of the role of the judiciary. That's kinda the point of CO-EQUAL BRANCHES OF GOVERNMENT.
Prop 8 is an attempt at adjusting the state Constitution to make an end run around the "unconstitutionality" of the language of Prop 22. But, here's the deal... The will of the people DOES NOT TRUMP THE RIGHTS OF THE FEW. That's at the core of our Constitution.
People keep talking about the judges overthrowing the will of the people. Rather, the California Supreme Court refocused the attention of the people to our Constitution and its equal protection defenses.
Before 1977, the civil code in California defined marriage as "...a personal relation arising out of a civil context, to which consent of the parties making that contract is necessary."
When this was found to be too vague for some folks they changed it that year to add the words between a man and a woman. However, another section of the civil code allowed California to recognize marriages from other states. Even THAT was too much, so Prop 22 was born... which led us to Prop 8.
The Judiciary is important...
That's why the Dred Scott v. Sandford decision has no force today...
That's why Plessy v. Ferguson was struck down upon JUDICIAL REVIEW...
That's why Brown v. Topeka blasted apart "Separate, but Equal", Jim Crow and segregation...
That's why Loving v. Virginia prevailed and allows couples of different races to marry...
DISCRIMINATION IS WRONG. Prop 8 isn't about kids... it isn't about religion. It's about discrimination.
And it's wrong.
VOTE NO ON PROP. 8
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