The Prop 8 people now want to NULLIFY all the gay marriages that took place!

[Nikki Stone1]

What IS it with these vindictive people? Isn't it enough that they scared people into voting against Civil Rights for a large segment of our population?

Guess what, bigots: "teh gay" doesn't rub off on your children.

My heart is breaking this morning.

[still_one]

1. proposition 8 is unConstitutional, and they are irrelevent. /nt

[nadinbrzezinski]

3. Not until a court says such

right until that moment....

But hey... the churches want to play... IRS sich them

[cliffordu]

5. Yep - the IRS needs to be all over this.

[Nikki Stone1]

7. It amends the state constitution. It MAKES it constitutional

I don't see how it can be fought.

[Eryemil]

2. Can't you just feel the Christian love?

[nadinbrzezinski]

4. Many of the folks who voted for this crap

are next in their shit list

Just that they don't realize it

You take civil rights from one group, others will follow

[Nikki Stone1]

6. What do you think will happen?

Right now, I am too heartsick to think.

[nadinbrzezinski]

9. It will end up in the state court system or the federal system

but it will make its way there

[Maven]

8. Of course they do. They are motivated by HATE.

Their desire is to destroy us.

They would wipe us all off the map if they could.

[Swede Atlanta]

10. This could be the one........

case to go to the U.S. Supreme Court.

If Prop 8 is certified as having passed by the California Secretary of State, it amends the California state constitution. No judge in California, including the California Supreme Court may then act contrary to the amended constitution.

There are various legal opinions as to whether the marriages that were performed during the period after the California Supreme Court declared a state law banning same-sex marriages unconstitutional under the California Constitution and the effective date of this amendment are still valid. That is probably because there has never been a situation where a right (such as the right to marry) has been subsequently taken away.

This could be the case to take to the U.S. Supreme Court to determine the issue of gay marriage. Personally I hope the advocates for this cause do not use this case. The current composition of the court is likely to change. We don't know which justices may retire in the new year. Typically, unless triggered for health or personal reasons, justices stay on through the current court term which would be end of June next year.

We have a sharply divided court now that is leaning more and more to the right especially on issues of social justice. I would not want this case coming before this court. I would rather wait until we had the right composition on the court and found the right case to bring it forward.