View Poll Results: Will the CA courts overturn Prop 8?

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  • Yes

    16 47.06%
  • No

    18 52.94%
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Thread: Will CA do the right thing and overturn Prop 8?

  1. #41
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    Re: Will CA do the right thing and overturn Prop 8?

    I voted: Yes, the Supreme Court will do the wrong (unconstitutional) thing and repeal prop. 8.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by jallman View Post
    That's a stretch in logic. If the amendment is counter to previous parts of the constitution, it can be ruled unconstitutional and thrown out. I hope they do toss the abomination out.
    By your logic, both the 13th and the 21st Amendments to the U.S Constitution should have been rejected as unconstitutional.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    By your logic, both the 13th and the 21st Amendments to the U.S Constitution should have been rejected as unconstitutional.
    We aren't talking about the US constitution. We're talking about california's.

  4. #44
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by Inferno View Post
    It is getting to the final days. The decision on CA's Prop 8 is coming up this week. Will the courts stand up for civil rights as they always have. Will they fight for the 4% of Americans that have no voice? Will they allow the mob rule that can be an ugly thing?

    I do believe that the courts will do the right thing and overturn Prop 8!
    The thread ask the question of California as a whole while the poll question ask whether or not judges will violate their positions by trying to rewrite laws.
    "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"

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by Dezaad View Post
    Thank you for finally bringing up why prop 8 may not have been properly enacted. The rule of law will be upheld when prop 8 is overturned.
    The rule of law can only be upheld by sustaining Proposition 8. The assertion that it creates special classes of citizens may be charitably described as unpersuasive.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by jallman View Post
    We aren't talking about the US constitution. We're talking about california's.
    Then my logic is hardly a stretch. The only way my logic can be invalidated is by sustaining an argument that Proposition 8 amounted to a revision rather than an amendment to the California Constitution--which I have commented on in previous posts.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    The rule of law can only be upheld by sustaining Proposition 8. The assertion that it creates special classes of citizens may be charitably described as unpersuasive.
    Persuasive enough for the courts to hear the case.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    Then my logic is hardly a stretch. The only way my logic can be invalidated is by sustaining an argument that Proposition 8 amounted to a revision rather than an amendment to the California Constitution--which I have commented on in previous posts.
    And I find your comments lacking. If the amendment creates a situation counter to previous amendments or clauses without specifically repealing those amendments or clauses, it was enacted improperly. Now if it had contained language specifically making previous sections null and void, then I could see your argument holding water.

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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    Actually, we are both right--some further reading of California Supreme Court rulings indicates a general reluctance to rule on constitutional validity until after an election. The governing court language appears to be Brosnahan v Eu:
    Just saw this:

    Costa v. Superior Court, 37 Cal. 4th 986 (2006)

    Past California decisions have observed that, as a general rule, “it is usually more appropriate to review constitutional and other challenges to ballot propositions or initiative measures after an election rather than to disrupt the electoral process by preventing the exercise of the people's franchise, in the absence of some clear showing of invalidity.” (Brosnahan v. Eu (1982) 31 Cal.3d 1, 4 [181 Cal. Rptr. 100, 641 P.2d 200] (Brosnahan I).) More recently, however, in Senate of the State of Cal. v. Jones (1999) 21 Cal.4th 1142 [90 Cal. Rptr. 2d 810, 988 P.2d 1089] (Senate v. Jones), we noted that decisions after Brosnahan I “have explained that this general rule applies primarily when a challenge rests upon the alleged unconstitutionality of the substance of the proposed initiative, and that the rule does not preclude preelection review when the challenge is based upon a claim, for example, that the proposed measure may not properly be submitted to the voters because the measure is not legislative in character or because it amounts to a constitutional revision rather than an amendment. [Citations.]” (21 Cal.4th at p. 1153.)
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by jallman View Post
    Persuasive enough for the courts to hear the case.
    Much like certiorari before the US Supreme Court, the hearing only suggests the question merits exploration. The nature of judicial review precludes imputing a predisposition to one side or the other from granting such review.

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