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Getbig Main Boards => Politics and Political Issues Board => Topic started by: timfogarty on May 20, 2009, 05:13:03 PM

Title: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 05:13:03 PM
the California Supreme Court has until June 3 to release their ruling on the constitutionality of Prop 8.    there was some evidence that it was going to happen tomorrow.  until someone in the SF Mayor's office realized that tomorrow is the 30th anniversary of the Dan White riots, which were set off when Dan White was given the most lenient sentence possible for the murders of Harvey Milk and George Moscone.  so they asked the court to postpone their ruling.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: Tesla on May 20, 2009, 06:19:29 PM
I thought the whole point of a constitutional amendment was that it became an axiom upon which the law was based.  How can a constitutional amendment be "unconstitutional"? 
Title: Re: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 06:23:04 PM
it was a proposition, not an amendment

to amend the California Constitution, it must pass both the state assembly and senate, then be approved by the 2/3rds of the voters.  Prop 8 did neither of those things.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: chaos on May 20, 2009, 06:38:06 PM
Still fighting this Tim?
Title: Re: Prop 8 ruling was expected on Thursday
Post by: Tesla on May 20, 2009, 06:58:22 PM
Proposition 8 was most definitely did amend the California state Constitution.  I know that wikipedia is not the most accurate source but it says:

http://en.wikipedia.org/wiki/Proposition_8 (http://en.wikipedia.org/wiki/Proposition_8)
Quote
Proposition 8 was a California ballot proposition passed in the November 4, 2008, general election. It changed the state Constitution to restrict the definition of marriage to opposite-sex couples and eliminated same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases. The measure added a new section (7.5) to Article I, which reads: "Only marriage between a man and a woman is valid or recognized in California."[1][2][3] California's State Constitution put the measure into immediate effect on November 5, the day after the election.[4] The proposition did not affect the existing domestic partnerships in California.[5]

Title: Re: Prop 8 ruling was expected on Thursday
Post by: loco on May 20, 2009, 07:20:42 PM
Proposition Eight sounds like Preparation H...almost relevant too in a way.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 07:40:55 PM
Proposition 8 was most definitely did amend the California state Constitution. 

Marriage became legal last summer because the California Supreme Court overruled Prop 22.   They can do the same with Prop 8 if they feel it violates other parts of the Constitution.   To truly amend the constitution, it must pass both houses of the legislature and then be approved by a super majority of the voters.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 07:42:45 PM
Still fighting this Tim?

we're up to 6 states now, much faster pace than what happened with miscegenation laws
Title: Re: Prop 8 ruling was expected on Thursday
Post by: MCWAY on May 20, 2009, 07:51:19 PM
Marriage became legal last summer because the California Supreme Court overruled Prop 22.   They can do the same with Prop 8 if they feel it violates other parts of the Constitution.   To truly amend the constitution, it must pass both houses of the legislature and then be approved by a super majority of the voters.

From what I've read, all it take is a simple majority. Of all the times an amendment has been brought before the CA court, only twice has it been overturned.

If Prop. 8 is ruled as a constitutional revision, it must pass 67% of the Legislature and 51% of the electorate.

we're up to 6 states now, much faster pace than what happened with miscegenation laws

I thought it was five, and with Maine, there's still the matter of the "People's Veto". Maine can veto the gay "marriage" law if they get 56,000 certified signatures of registered voters in before mid-September. Then, a simple majority vote override the governor's bill.

As I've stated elsewhere, when gay "marriage" has its success is in states where people can't amend their constitutions directly, without going through a left-leaning Legislature or Senate.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: BayGBM on May 20, 2009, 08:13:04 PM
 ::)
Title: Re: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 08:26:18 PM
From what I've read, all it take is a simple majority. Of all the times an amendment has been brought before the CA court, only twice has it been overturned.

If Prop. 8 is ruled as a constitutional revision, it must pass 67% of the Legislature and 51% of the electorate.

you're right.  I was using the term amendment when I should have been using revision

Quote
I thought it was five, and with Maine, there's still the matter of the "People's Veto".

again, you're right.  NH is so close, with a bill on the governor's desk, but he's asking for a change in the wording.   NY is pretty close too.

I'm still upset about Adam Lambert.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: Hereford on May 20, 2009, 09:31:16 PM
Tim.

Y'all lost.


Get over it.
Title: Re: Prop 8 ruling was expected on Thursday
Post by: grab an umbrella on May 20, 2009, 10:17:46 PM
Why do gays make such a big deal about the marriage thing?  I am somewhat okay with giving them equal benefits, but there is one thing holding me back.  If we give gays equal fiscal benefits, then who are we to deny normal couples the same benefits as married couples?
Title: Re: Prop 8 ruling was expected on Thursday
Post by: timfogarty on May 20, 2009, 11:18:29 PM
If we give gays equal fiscal benefits, then who are we to deny normal couples the same benefits as married couples?

marriage is a contract between the state and two people:  you agree to be responsible for each other and we'll give you some benefits.   unmarried straight couples have the choice whether to enter into that agreement or not, so they're not being denied anything.
Title: State high court to rule Tuesday on Prop. 8
Post by: timfogarty on May 22, 2009, 12:36:15 PM
State high court to rule Tuesday on Prop. 8

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/22/BAE017PFC8.DTL&tsp=1