If Prop 8 is “overturned” it will only be because inept “Christian” “pro-family” and “consevative” lawyers, leaders and pundits allowed it to happen.
It’s obvious to me that the homosexual activist “judge” Walker in San Francisco will rule for the homosexual plaintiffs who claim Prop 8, legally defining marriage as limited to one man and one woman in the California Constitution, to be “discriminatory” and “unconstitutional.”
If Judge Walker issues a ruling that Prop 8 is “unconstitutional,” he should be impeached immediately by Governor Schwarzenegger. No judge possesses the authority to “overturn” a constitutional amendment passed via the proscribed legislative process by the sovereign voters of the state.
But is there any doubt that “conservative” “Republican” Governor Arnold will pull a Mitt Romney and assert that he “has no choice but to uphold the court’s ruling?”
Of course he will.
And when he does he will have once again abnegated his sworn duty to uphold the federal and state constitution he swore an oath in front of God Almighty to protect and defend.
The only way a citizen initiative or constitutional amendment can be changed, in any way, according to the California Constitution, is by another citizen initiative or amendment. So for Prop 8 in the California Constitution, which has enshrined into statutory law the legal definition of marriage as “one man and one woman,” to be “overturned,” another constitutional amendment would have to be passed by a majority of voters in California. That is the only way the law can change. End of story. Case closed!
Therefore, if Schwarzenegger allows an unelected judge’s toothless, unconstitutional and illegal opinion to become, in essence, the supreme law of the land (abolishing in effect, Proposition 8), conservative, pro-family, and Christian politicians, lawyers, activists and leaders should call for Schwarzenegger to be removed from office for violating his sworn oath to only enforce the laws and statutes of the state of California (as opposed to unconstitutional court opinions belched forth from radical homosexual activist judges on the 9th Circuit.)
If the people’s right to govern themselves and define marriage is “overturned” by a branch of government (the judicial branch) which doesn’t possess the authority to make or “overturn” any laws or constitutional amendments, it will only be because “our side’s” “conservative” “pro-family” and “Christian” politicians, lawyers, leaders and pundits, once again ceded the toxic liberal lie that courts possess the authority to make law.
February 14th, 2010 at 12:56 pm
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.
February 17th, 2010 at 10:27 pm
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?)
February 18th, 2010 at 2:54 am
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.
GJ
February 28th, 2010 at 6:42 am
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.
February 28th, 2010 at 6:47 am
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.