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California AG Thinks About Prop 8 And Realizes That


Steely Dan

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It's an amendment to the Constitution. Hence the Constitution. Hence the legal argument is, in fact, whether or not the constitution is unconstitutional. Now admittedly, there's nothing that precludes the state constitution being federally unconstitutional (which I believe it is)...but that's not the argument I read. I read "according to our constitution, our constitution violates our constitution." Which is a truly brilliant piece of legal bull sh--. :rolleyes:

 

That's not a comment on Prop 8 either way (my comment on Prop 8 is: nonsense.) Just a comment on the legal argument.

 

Gotcha! Misinterpreted that.

 

Why is prop 8 unconstitutional?

It is an amendment to the state constitution. To repeal it requires another amendment.

 

I guess that the amendment to the constitution that freed the slaves is unconstitutional then.

 

The amendment freeing the slaves was increasing a person's rights. Proposition 8 is taking away a person's rights. Our Constitution is written to supply freedom as much as possible.

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Why is prop 8 unconstitutional?

It is an amendment to the state constitution. To repeal it requires another amendment.

 

I guess that the amendment to the constitution that freed the slaves is unconstitutional then.

Proposition 8 is stupid.....forget constitutionality. Bunch of overjudicious jerks....as Coach Levy would say!

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It's an amendment to the Constitution. Hence the Constitution. Hence the legal argument is, in fact, whether or not the constitution is unconstitutional. Now admittedly, there's nothing that precludes the state constitution being federally unconstitutional (which I believe it is)...but that's not the argument I read. I read "according to our constitution, our constitution violates our constitution." Which is a truly brilliant piece of legal bull sh--. :wallbash:

 

That's not a comment on Prop 8 either way (my comment on Prop 8 is: nonsense.) Just a comment on the legal argument.

 

 

Bingo! Unless there was something wrong with the way the amendment was formed/written/passed (some technicality), then it is part of the state Constitution. How can the state Constitution be unconstitutional (in that state)?

 

I suspect, once Obama's administration takes over, this nonsense will be dealt with at the Federal level.

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I suspect, once Obama's administration takes over, this nonsense will be dealt with at the Federal level.

 

Which then opens a whole new can of worms, as there is nothing in the US Constitution regarding marriage. However there are two conflicting statements that will be invoked by both sides of the argument:

 

Article. IV Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

 

10th Amendment - Ratified 12/15/1791

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

 

Myself, I've always been a 10th Amendment kind of guy

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I suspect, once Obama's administration takes over, this nonsense will be dealt with at the Federal level.

 

I rather hope not. Aside from repealing DOMA, I'd hate to see one minute of Federal time wasted on this "issue". "Marriage" is not a federal issue. As far as I'm concerned, /dev/null pegged it. The 10th Amendment and the full faith and credit clause cover it.

 

 

Funny thing is, most of the gay couples I know (quite a few, actually) think this is one of the biggest bull sh-- issues going. Of course, most of the gay couples I know are in situations where "marriage" would be a formality (legal recognition of rights they already have anyway)...but then, so do the raving lunatics pushing this in San Francisco.

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I rather hope not. Aside from repealing DOMA, I'd hate to see one minute of Federal time wasted on this "issue". "Marriage" is not a federal issue. As far as I'm concerned, /dev/null pegged it. The 10th Amendment and the full faith and credit clause cover it.

 

 

Funny thing is, most of the gay couples I know (quite a few, actually) think this is one of the biggest bull sh-- issues going. Of course, most of the gay couples I know are in situations where "marriage" would be a formality (legal recognition of rights they already have anyway)...but then, so do the raving lunatics pushing this in San Francisco.

 

 

While I agree that too much time/money/etc is spent on the issue, considering other problems that are much more urgent, at some point in time a federal amendment to the constitution to allow gays their full rights as US citizens needs to be passed to STOP all the time/money/etc being spent on this issue. It needs to be put to bed (snicker) once and for all, IMO.

 

And, we must know different gay couples.

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This bit at the bottom of that link is actually more striking, in that the bigoted pigs that supported the Yes on Hate proposition are filing to nullify the 18,000 existing, legal marriages that had already taken place. These people are scum, and anyone that supports these POS are supporting bigotry, plain and simple. It has nothing to do with morals, and it has nothing to do with your bullsh!t religious superstitions. It has everything to do with hate.

 

And, no, I don't have to tolerate your fugging bigotry.

 

I wonder if your "bigotry" only applies to others and not yourself. Bigotry comes in all shapes and sizes. Bigotry is a label masqueraded as a virtue.

 

The queers are pushing their rights above the rights of the people and have been. This is a state issue and the state has spoken. It's bigotry against the people who don't want the disease of being queer being spread as normal.

 

That's bigotry.

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I get that a lot. :wallbash:

 

The only gay couple I know who supports gay marriage is my uncle and his partner...but they live in Texas, so they basically have no rights to begin with.

 

(In my best Groucho) If you call that living.

 

 

I wonder if your "bigotry" only applies to others and not yourself. Bigotry comes in all shapes and sizes. Bigotry is a label masqueraded as a virtue.

 

The queers are pushing their rights above the rights of the people and have been. This is a state issue and the state has spoken. It's bigotry against the people who don't want the disease of being queer being spread as normal.

 

That's bigotry.

 

The disease of being queer!! :worthy:

 

If your so worried about catching the disease you should go to your doctor and have him put a vaccine up your ass. :lol:

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The queers are pushing their rights above the rights of the people and have been. This is a state issue and the state has spoken. It's bigotry against the people who don't want the disease of being queer being spread as normal.

 

Tell me about it. I caught it from just sitting on a toilet seat!

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