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BREAKING: LAT- SCOCA Sets 3/5 As Date for Prop 8 Arguments

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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-03-09 06:21 PM
Original message
BREAKING: LAT- SCOCA Sets 3/5 As Date for Prop 8 Arguments
Supreme Court sets March 5 for gay marriage arguments
2:54 PM, February 3, 2009

The California Supreme Court announced today that it will hear oral arguments on the legality of the state's gay marriage ban on March 5.

The hearing is one of the most anticipated in the court's history. Supporters and opponents of Proposition 8 will make their case about whether the measure should be invalidated. Pro-gay marriage groups filed a lawsuit after the November election, saying the gay marriage ban violated the state Constitution. Atty. Gen. Jerry Brown at first said he would defend Proposition 8, but then he changed his mind and argued that it was unconstitutional. Backers of the measure have filed briefs supporting the ban. According to the court, justices will consider three issues:

-- Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

-- Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

-- If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

--Jessica Garrison
http://latimesblogs.latimes.com/lanow/2009/02/the-california.html
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-03-09 06:27 PM
Response to Original message
1. I can not understand how anyone thinks they have the power to vote away someone's
Edited on Tue Feb-03-09 06:27 PM by county worker
rights?

I aways thought that we were protected against the tyranny of the masses.

If prop 8 stands then can we vote to take away rights from whom ever we want just as long as we get enough people to sign a petition to put it on the ballot?

OK then I want a prop to not allow xians to congregate in masses anywhere and not to have a group think at any time.
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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-03-09 06:31 PM
Response to Reply #1
3. I firmly believe the SCoCA will strike this down as unconstitutional,
and rather quickly, at that.
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-03-09 06:31 PM
Response to Original message
2. it all irks me...
But this is the most irksome:

If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

The supporters of Prop 8 promised California voters that, if successful, they wouldn't go after those who had legally married before 8 passed. Then of course they reversed themselves and are now trying to have the State - not the couples - nullify their LEGAL marriages. The whole thing is beyond heartbreaking.
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