What if Calif votes to amend the Con and outlaw same-sex marriage in November?

[pt22]

Could it void the currently legal ones? (I think that probably will not pass but then 8 years ago I never believed GWB would ever live in the White House)
:shrug:

[bluesmail]

1. I think that's their plan...n/t

[Malloy63]

2. it could happen.

that's why it's called a 'referendum".

then the courts get more 'job time'.

I predict California could go either way....50/50 on the ref.

peace

[Oeditpus Rex]

4. Current polling is running about 55 percent against the proposed amendment

But we know the haters have many plugged aces up their sleeves.

[terrya]

3. No one is quite sure.

But more than likely, yes.

It makes me angry just thinking about it.

[pt22]

5. Argh. That would suck...bad.

:mad:

[tekisui]

6. A majority in CA are on the side of the Court.

Let's hope that bridge doesn't have to be crossed and work to help make sure it isn't.

[Tesha]

16. More and more will be on the side of the court as marriages are performed statewide and...

...the world doesn't come to an end, the plague of locusts
doesn't show up on schedule, nor does the Sacramento River
run red with blood. People will just hear, in small trickles,
that Sam and George down the street got married, and didn't
we all pretty much know they were gay anyway? And Lucy and
Linda tied the knot too, and they're the sweetest couple
in the neighborhood.

It will become increasingly difficult to vote against
something that is so important in the life of some of
our frends and neighbors and doesn't really seem to have
any effect at all on our own lives.

Tesha

[melody]

7. The righties tried to shove abortion parental notification for minors down our throats

... twice.

We voted it down, twice.

We'll shoot this crap down, too.

[pt22]

8. But didn't a law outling it pass a few years ago? I'm apprehensive as hell

about this. Isn't there some protection against making something illegal after it was done? I mean how could somebody be legally penalized for doing something that was legal when they did it? I'm not asking this very clear but I think you know what I mean.

[melody]

9. No, it was defeated twice

And no, they can't prosecute anyone for a law created after the "crime", if that's what you're asking. Everyone who will be married before the final decision will remain married in the eyes of California until some further action.

I wouldn't worry about it. The ballot it will turn up on will be a strong progressive election. I expect it'll go down like the last ones did (and there's still redress beyond that even if they unlikely happens and it passes).

[Tesha]

17. Yes, a referendum outlawing gay marriage by law passed.

But it was a few years ago, times have changed, and I
would like to believe that people will apply a stricter
standard to a constituional amendment than to an ordinary
law.

I'm guardedly optimistic that the constitutional amendment
banning gay marriage *WON'T* pass.

Tesha

[Cleita]

10. It could happen.

California recently has had a history of overturning the results of elections by referendum or court action. It happens all the time in my county. Everything that we have voted for is overturned by a court and need I even mention how our governor got there.

[galledgoblin]

11. that's the idea

I doubt it will happen, but I still donated a little money to http://www.equalityforall.com/">Equality for All, the leading organization opposing the amendment.

[Manifestor_of_Light]

12. The State Supreme Court ruling will trump any law they pass.

if the state supreme ct made gay marriage legal, they cannot pass an ex post facto (that means retroactive) law making gay marriage illegal.

Also there is the full faith and credit clause of the constitution. Other states must respect marriages performed, and laws in general, of other states.

This is exactly the same situation as Loving vs. Virginia, which voided laws making interracial marriage illegal. Gays are a new protected class.

[Recovered Repug]

13. Actually, the full faith & credit clause

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.


DOMA is supposed to be the "Effect" portion.

[liberati]

15. CA is voting on a constitutional amendment, not a law...

I'm pretty sure the CA state supreme court cannot strike down a constitutional amendment, regardless of any previous ruling they have made. That's the scary thing.

[Tesha]

18. No, the State Supreme Court *CANNOT* over-rule a Constitional Amendment. (NT)

[terrya]

19. It's a constitutional amendment. The amendment would nullify the Supreme Court decision.

[ColbertWatcher]

14. IF that happens, it will go to court.

Like every other dumb-ass proposition the CA GOP manages to scare enough of their sheep to vote for.

The CA GOP are only doing this to get their sheep to the polls to vote for McCain and all their other ridiculous candidates.