Comments on: Calif. Supreme Court this week hears Prop 8 challenge

By: Jonathan

Jonathan — Tue, 03 Mar 2009 03:58:41 +0000

Fred-Rica Said: Does anyone know what all cities the vigils are taking place in?

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Delano
Fresno
Kernville
Los Angeles
Modesto
Orange County
Palm Springs
Roseville
Sacramento
San Diego
San Francisco
San Jose
San Luis Obispo
Stockton
Visalia

For more information: http://www.eveofjustice.com/

By: Fred-Rica

Fred-Rica — Tue, 03 Mar 2009 00:44:47 +0000

Does anyone know what all cities the vigils are taking place in?

By: Prof. Donald Gaudard

Prof. Donald Gaudard — Mon, 02 Mar 2009 17:44:34 +0000

Tadpole asked what the separation of powers doctrine is about. In California, their are three branches of government, and one branch may not tell another branch what to do. When the people enact an initiative they are acting in the legislative capacity. The Supreme Court interpreted the California Constitution as providing gay people the right to marry under several provision of the Constitution, including the right to liberty and including equal protection. Prop 8 (a “popular” legislative act) tells the California Supreme Court how to interpret the equal protection and liberty clauses. This it cannot do by initiative. For a thorough discussion of this please see the amicus brief submitted by the San Francisco La Raza law group. It can be found at:

http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/s1680xx-amcur-sflawyers-raza.pdf

Don

By: ALAN

ALAN — Mon, 02 Mar 2009 17:25:53 +0000

I hope and pray that prop H8 does get taken off the books. But if it doesn’t and all 18,000 marriages get invalidated. Then I say that ALL of these couples should ask for their money back for the licenses that the state requires them to get married. As for the money spent on the weddings themselves, they should sue ALL the orginizations that pushed prop H8 thru. The only way to really get at these H8ers is thru the billfold. I will be hoping for the greatest outcome and that is that prop H8 will be overturned. Now in the state of Florida where I live, I can only hope that we can get our laws changed to help the children adopted and loving couples married one day.

By: Bob

Bob — Mon, 02 Mar 2009 17:06:02 +0000

The court has ruled that marriage is a fundemental right. The separation of powers argument basically means that the ruling opening the door for marriage equality cannot be overruled by a ballot measure because in that instance the voters acted in the role of the legislature on a matter which is constitutionally reserved for the judiciary. It’s an attempt to get around the the debate on whether Prop 8 was an amendment to the constitution or a revision of it.

By: Mu5h

Mu5h — Mon, 02 Mar 2009 16:56:14 +0000

good luck to all our REAL patriots in CA in getting this unconstitutional proposition overturned! cheers to life, liberty and the pursuit of happiness!

By: Guy in SF

Guy in SF — Mon, 02 Mar 2009 16:51:43 +0000

Tadpole, re your question of what does “Does it violate the separation of powers doctrine under the California constitution” mean.

Under the under the California Constitution there are three branches of government, Executive, Judicial and Legislature. The acts of the “people” through the initiative process fall under the Legislative branch.

The question merely asks that under the Constitution does the Legislative branch have the power to overturn decisions of the Judicial branch, creating an imbalance of the checks and balances between the the three branches of government.

By: RICK

RICK — Mon, 02 Mar 2009 16:37:05 +0000

WELCOME TO THE UNITED STATES–”LAND OF THE FREE–HOME OF THE BRAVE-WHERE ALL MEN ARE CREATED EQUAL” DOES THIS STILL STAND UP? ESPECIALLY IN A COURT OF LAW . LETS SEE WHAT HAPPENS IN CALIFORNIA.

By: Stuff GLBT People Need To Know

Stuff GLBT People Need To Know — Mon, 02 Mar 2009 16:02:38 +0000

It’s always “the will of the people”, as that is all that anti marriage equality folks have to stand on with this Porp H8 CA Supreme Court case slated for March 5th. Such as a position as “the will of the people” is merely an empty slogan with nothing of solid
legal substance to back it up.

If all is that is needed is a simple vote without the legislature being involved every time a change on some whim to the state constitution of CA occured just someone wants to make the chamges to hold someone else down and strip their human and civil rights away, we would wind up with a tyranny-based constitution based on hatred of people for each other rather than allowing for the smooth and fair running of any individual state of the US union with a nod to human and civil rights included.

By: Tadpole

Tadpole — Mon, 02 Mar 2009 15:42:45 +0000

Of the three things that the high court has to decide is “Does it violate the separation of powers doctrine under the California constitution” What does this mean?