California gay-marriage vote still undecided

[MrCoffee]

A proposed ban on same-sex marriage in California — widely seen as the most momentous of the 153 ballot measures at stake across the United States — remained undecided early Wednesday.

The proposed constitutional amendment would limit marriage to heterosexual couples, the first time such a vote has taken place in state where gay unions are legal.

Sponsors of the ban declared victory early Wednesday, but the measure's opponents said too many votes remained uncounted for the race to be called.

http://www.msnbc.msn.com/id/27523989/

[nadinbrzezinski]

1. Sadly I think it will pass and the No on 8 needs to move to the next

logical move, the California Supreme Court, yes there is precedent, or the federal courts

[robinlynne]

2. I think not. here is Los ngeles we had precincts with as many as 37% of the

people removed from the rosters, who went to vote with their sample ballots in hand. All voted provisioanlly, and the counting will take up to 28 days. Thousands.
All in Democratic neighborhoods.

[nadinbrzezinski]

4. I am looking at returns

and yes, we had many of those... even here in San Diego, the younger kind

but I think it is time to move on ot the next step

I guess the reality hit me this morning... a minority was punked by minorities

[robinlynne]

9. NO> W have districts with 37% people voting rpovisional!

WE are well over 4 million voters.

[Le Taz Hot]

3. It's official.

YES: 5,195,136 52.1%
NO: 4,779,297 47.9%

:mad: :mad: :puke: :grr: :grr: :grr: :nuke:

[robinlynne]

10. There are morte than a million uncounted votes in LA people!!!!!!!!!!!

in dem areas, of course.

[IntravenousDemilo]

5. If it does pass, won't it just be overturned again by the California Supreme Court?

And if so, why are the homophobes wasting their money and our time?

[plaintiff]

6. Problem there is it will take years (again) for a lawsuit to work itself up to there.

Wheels of justice with no grease...

[dysfunctional press]

7. doubtful- it's an amendment to the constitution- the constitution can't be declared unconstitutional

nt

[Xithras]

8. It can, but only in federal court.

Placing this in the state constitution effectively insulates it from any challenges at the state level (things in the constitution are, by definition, constitutional). The legal arguments must happen in federal court, and they will only have any traction if they can show how the California constitution conflicts with the federal constitution. A 14th amendment "equal protection" argument should accomplish that.

[MarkInCA]

11. True

The Constitution and federal law made under its authority are the supreme law of the land. State courts are bound by this. In case of conflict between federal and state law, the federal law is upheld.

Article 6, Clause 2: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

14th Amendment, Section 1: "...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."