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. #71
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by jallman View Post
    Maybe the CA courts will set a great precedent here.
    Novel precedents generally make for bad law. It is one reason courts are institutionally reluctant to stray far from prior rulings.

    For better or worse, Proposition 8 is properly constructed to amend the California Constitution. For that reason, the California Supreme Court should not invalidate it.

  2. #72
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by rathi View Post
    In case you haven't noticed, this entire thread is about a court case that has yet to be decided.

    Asking for impossible evidence just shows that you haven't found any flaws in my arguments.
    I am not asking for impossible evidence. I am asking you to advance a substantive argument rather than posting and reposting your own personal opinion on the matter.

  3. #73
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    You really should have done some research on the other gay marriage threads first, then you would know my position.
    Why would I do that when I can just ask you? And thanks for taking the time to inform me...I wasn't expecting what you wrote.

  4. #74
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    Re: Will CA do the right thing and overturn Prop 8?

    I am not asking for impossible evidence. I am asking you to advance a substantive argument rather than posting and reposting your own personal opinion on the matter.
    The court will decide on Tuesday which of us is correct. Until, then neither of us has anything but our opinions. You haven't cited any relevant cases supporting your opinion either.

  5. #75
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by hazlnut View Post
    I am sorry, but you really don't understand the legal issues here.
    If you go back and read the thread, it's pretty evident that he has a better grasp on the actual issue than 99% of the rest of this thread.

    CA supreme court is a right leaning court, but they are also strict constructionists.
    lolwut
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  6. #76
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by Goldwaters View Post
    You have successfuly pointed out the shortcomings of any court decisions that might be made against the amendment. I was wondering how the generally accepted notion that gay marriage will eventually be allowed in all 50 states affects your views if at all?
    That's irrelevant (or at least should be) to the question at hand. This is about CA law and CA law alone.
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  7. #77
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by celticlord View Post
    Novel precedents generally make for bad law. It is one reason courts are institutionally reluctant to stray far from prior rulings.

    For better or worse, Proposition 8 is properly constructed to amend the California Constitution. For that reason, the California Supreme Court should not invalidate it.
    Except that it runs counter to prior sections of the CA constitution.

  8. #78
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by RightinNYC View Post
    That's irrelevant (or at least should be) to the question at hand. This is about CA law and CA law alone.
    Not exactly...if the court decides that the amendment was unconstitutional...right or wrong, gays could be marrying right and left for as long as the judgement holds up. This thread is about overturning Prop 8 and that may happen for a length of time regardless of California law.

  9. #79
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by Goldwaters View Post
    Not exactly...if the court decides that the amendment was unconstitutional...right or wrong, gays could be marrying right and left for as long as the judgement holds up. This thread is about overturning Prop 8 and that may happen for a length of time regardless of California law.
    ?

    How does that not fall within the spectrum of "California law"?
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    Re: Will CA do the right thing and overturn Prop 8?

    Quote Originally Posted by jallman View Post
    Except that it runs counter to prior sections of the CA constitution.
    Even assuming this is true (an assumption I already challenge), the very nature of an amendment is to alter a constitution. The only relevance this has (or could possibly have) is in deciding whether the statutory language of Proposition 8 is revisory in nature, and thus was improperly presented to the electorate.

    If the statutory language is not revisory in nature, the impact of the language upon the rest of the constitution is necessarily moot.

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