Page 2 of 35 FirstFirst 123412 ... LastLast
Results 11 to 20 of 347

Thread: Court won't force state to defend Prop. 8

  1. #11
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 12:30 AM
    Lean
    Libertarian - Right
    Posts
    29,499

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by hazlnut View Post
    The California Constitution hadn't been amended when they swore to defend it.

    They could say - "I didn't swear to defend that homophobic, misguided thing..."

    Can you say Loophole?
    Doesn't matter.

    The amendment was duly adopted according to the terms of the constitution, and thus is now duly a part of the constitution.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  2. #12
    Girthless
    RightinNYC's Avatar
    Join Date
    Mar 2005
    Location
    New York, NY
    Last Seen
    01-23-11 @ 11:56 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    25,894

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by hazlnut View Post
    The California Constitution hadn't been amended when they swore to defend it.

    They could say - "I didn't swear to defend that homophobic, misguided thing..."

    Can you say Loophole?
    You could also say "porkchop sandwiches." Both would have the same legal significance.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  3. #13
    Professor

    Join Date
    Dec 2009
    Location
    Nashville, TN
    Last Seen
    11-21-14 @ 03:20 PM
    Gender
    Lean
    Slightly Liberal
    Posts
    2,120

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Councilman View Post
    It is no surprise Jerry Brown won't take any action because after all, well you know. Enough said know what L mean nudge nudge. say no more, say no more.

    The article didn't say but was that the 9th Circus Court of Shlameels? What do you expect?

    On a serious note if the people don't like the way the Radical Liberals who make up less than 25% of the population get away with all the nonsense they need to understand that backing down when confronted by their name calling, lying. smear tactics, and all sorts of threats and intimidation, mixed with ample amounts threats of violence we only have to stand together and never never back down.

    It's the only way to put an end to the Godlessness and lack of morals and integrity we face almost every day.

    We can start by voting the Bums on both sides of the isle out in Nov.

    Those who stand for nothing fall for anything!
    What morals. The morals that say Newt Gingrich can walk out on his cancer-ridden wife? The morals that say that John McCain can leave the wife who supported him through his long recovery process from his experiences in Vietnam for a hot new piece? The morals that say that Dan Burton can father a child outside his marriage?

    You mean those good Republican morals?

    How is denying marriage to a couple of the same sex who's been together for a dozen defending marriage when it's given freely to people who will throw it away? How is that remotely moral?

  4. #14
    Professor

    Join Date
    Dec 2009
    Location
    Nashville, TN
    Last Seen
    11-21-14 @ 03:20 PM
    Gender
    Lean
    Slightly Liberal
    Posts
    2,120

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Harshaw View Post
    Doesn't matter.

    The amendment was duly adopted according to the terms of the constitution, and thus is now duly a part of the constitution.
    To be honest, while I'm against Prop. 8 and I think it's a violation of the 14th Amendement of the US Constitution, I do think the state should at least pretend to defend it even if their heart's not in it.

  5. #15
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 12:30 AM
    Lean
    Libertarian - Right
    Posts
    29,499

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by FilmFestGuy View Post
    To be honest, while I'm against Prop. 8 and I think it's a violation of the 14th Amendement of the US Constitution, I do think the state should at least pretend to defend it even if their heart's not in it.
    Legtimate legal process, and the maintenance of same, matters more than the outcome.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #16
    Banned
    Join Date
    Mar 2009
    Location
    Naperville, IL
    Last Seen
    09-24-12 @ 02:14 PM
    Gender
    Lean
    Moderate
    Posts
    11,963

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Harshaw View Post
    Doesn't matter.

    The amendment was duly adopted according to the terms of the constitution, and thus is now duly a part of the constitution.
    When you sign a contract, if someone amends that contract... it's void.

    And the Current CA Constitution has been ruled unconstitutional -- They're American's first.

  7. #17
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 03:50 AM
    Lean
    Very Liberal
    Posts
    93,268
    Blog Entries
    2

    Re: Court won't force state to defend Prop. 8

    Here is my honest question for our legal people: If Arnold and the DA think that the Amendment is counter to the US constitution, would they still be expected to defend it legally? I mean, I can see both sides here. Yes, public officials should protect the law, but if they believe, with some potential legal justification, that the law is, well, illegal, would they then be justified in not defending it?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  8. #18
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 12:30 AM
    Lean
    Libertarian - Right
    Posts
    29,499

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by hazlnut View Post
    When you sign a contract, if someone amends that contract... it's void.
    Not if that contract specifically permits unilateral alteration.

    And the Current CA Constitution has been ruled unconstitutional -- They're American's first.
    By a single court whose jurisdiction doesn't even cover the entire state, and there are further avenues to pursue.

    Look, there's no other way to put this: you're wrong, and this line of argument is laugh-out-loud stupid.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  9. #19
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 12:30 AM
    Lean
    Libertarian - Right
    Posts
    29,499

    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Redress View Post
    Here is my honest question for our legal people: If Arnold and the DA think that the Amendment is counter to the US constitution, would they still be expected to defend it legally? I mean, I can see both sides here. Yes, public officials should protect the law, but if they believe, with some potential legal justification, that the law is, well, illegal, would they then be justified in not defending it?
    You could make the argument, but the counter-argument is that until the legal avenues have been exhausted, the (federal) constitutionality is still very much an open question. One district court isn't enough.

    But it's certainly a stronger argument than "they don't have to defend it because it wasn't in the constitution when they took their oaths."
    Last edited by Harshaw; 09-05-10 at 02:20 PM.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  10. #20
    Sage
    jamesrage's Avatar
    Join Date
    Jul 2005
    Location
    A place where common sense exists
    Last Seen
    Yesterday @ 09:23 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    31,067

    Re: Court won't force state to defend Prop. 8

    I do not think they actually believe prop 8 would be overturned if it went all the way to supreme court, which is why they have the lets not defend it attitude .B ecause it would blow up in their faces taking it all the way to the S.C. and prop 8 is upheld. Sure the left circuit court would strike it down in a heart beat. However I dot think the S.C. would buy the it violates the 14th amendment. Mostly for the simple fact sexual preference is not the same as race nor is it even comparable, so the one male and one female requirement for marriage applies to everyone.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

Page 2 of 35 FirstFirst 123412 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •