Comments on: If Prop 8 is “overturned” it will only be because inept “Christian” “pro-family” and “consevative” lawyers, leaders and pundits allowed it to happen.

By: Ken Peterson

Ken Peterson — Sun, 28 Feb 2010 06:47:03 +0000

Yay! I hope our Girlie man RINO Governor tries to uphold the ruling of Walker.
Instead of buyer’s remorse, we’ll have good reason to terminate his employment.

By: Ken Peterson

Ken Peterson — Sun, 28 Feb 2010 06:42:50 +0000

Yay! I hope our Girlie man RINO Governor tries to uphold the ruling of Walker.
Instead of buyer\’s remorse, we\’ll have good reason to terminate his employment.

By: admin

admin — Thu, 18 Feb 2010 02:54:14 +0000

Actually Greg, you could not be any more incorrect. While the courts can hear individual cases and can issue opinions on INDIVIDUAL cases, they don’t possess the authority to “overturn” any law or constitutional amendment. As I stated, the California Constitution itself stipulates that the only way amy amendment may be revoked is by another amendment.

And in this case, even if the court rules that Prop 8 is “unconstitutional” the only way the amendment can be revoked and “overturned” is, again, via another super-ceding amendment.

Also, since any ruling claiming that defining marriage as one man and one woman would be anti-constitutional on it’s face, the proper next step would be for the governor to ignore the opinion (since it is an unconstitutional opinion) and move to impeach the judge who issued it.

The founders believed that the judiciary “by its very nature” was the “weakest of the three branches” for this very reason…

The sovereign law making body (the people and their elected representatives) have the final say I am afraid, not a bunch of unelected black-robed judges.

By: Greg Dice

Greg Dice — Wed, 17 Feb 2010 22:27:21 +0000

You are on the wrong side of this one Gregg. We have a Constitution of the United States, and simply b/c a majority of people vote on a state constitutional amendment, doesn’t remove the burden that the amendment itself must not violate the US Constitution. The federal courts are exactly the means through which these challenges are presented and decided. If (and when) Prop 8 is overturned via Perry v Schwarzenegger, it will be b/c the Supreme Court agreed that the evidence showed that marriage is both a fundamental right and that depriving that right to one party violates equal protection guarantees under the 14th Amendment US Constitution.
(And do I need to remind you why THAT amendment was necessary, or do you also think blacks AND homosexuals are undeserving of equal protection?)

By: Don Hank

Don Hank — Sun, 14 Feb 2010 12:56:43 +0000

That “if” clause about Schwarzenegger is futile. He WILL allow the judge to get away with this. And you can bet the “conservative” groups, pastors, Christian activists, lawyers etc will give this issue a big miss as usual. Many of the “family” orgs are only there to fill their coffers. But that doesn’t mean the few who care about the issue have to be quiet. Thanks for pointing this out.