Comments on: Proposition 8 Challenged http://thistimethisspace.com/2008/11/06/proposition-8-challenged/ personal development, growth and relationships blog Mon, 08 Mar 2010 17:02:07 +0000 http://wordpress.org/?v=abc hourly 1 By: timethief http://thistimethisspace.com/2008/11/06/proposition-8-challenged/comment-page-1/#comment-24622 timethief Sun, 16 Nov 2008 17:44:39 +0000 http://thistimethisspace.com/?p=1429#comment-24622 The courts will not be making a decision on what most people think the issue is. What the courts have been presented with is a legal argument that concerns the use of the terms "amendment" and "revision" and their decision will be solely focused on that. It comes down to this: The provision of the California constitution which describes the process by which it may be altered uses both the word “amendment” and the word “revision”. Although the two words are usually paired, the provision which allows the electors to amend the constitution by initiative ONLY refers to amendment–it’s the only subsection of the “Amendment and Revision” statute which does not also use the word “revision”. “We will argue to the court that Prop. 8 is a disguised revision to the constitution which cannot be imposed by the ordinary amendment process, which only requires a simple majority. We believe that then the court must hold that California may not issue marriage licenses to non-gay couples because if it does, it would be violating the equal protection clause as straight couple would have more rights, by being allowed to marry, than gay couples.” The courts will not be making a decision on what most people think the issue is. What the courts have been presented with is a legal argument that concerns the use of the terms “amendment” and “revision” and their decision will be solely focused on that.

It comes down to this: The provision of the California constitution which describes the process by which it may be altered uses both the word “amendment” and the word “revision”. Although the two words are usually paired, the provision which allows the electors to amend the constitution by initiative ONLY refers to amendment–it’s the only subsection of the “Amendment and Revision” statute which does not also use the word “revision”.

“We will argue to the court that Prop. 8 is a disguised revision to the constitution which cannot be imposed by the ordinary amendment process, which only requires a simple majority. We believe that then the court must hold that California may not issue marriage licenses to non-gay couples because if it does, it would be violating the equal protection clause as straight couple would have more rights, by being allowed to marry, than gay couples.”

]]> By: Larry(GuitarMusings) http://thistimethisspace.com/2008/11/06/proposition-8-challenged/comment-page-1/#comment-24542 Larry(GuitarMusings) Thu, 13 Nov 2008 22:04:52 +0000 http://thistimethisspace.com/?p=1429#comment-24542 The passing of Prop 8 reminds me when my state, Colorado, passed Amendment 2 about 15 years ago denying Gays and Lesbians protection from discrimination. I was so disappointed then as I am now and I hope that the courts will do the right thing with Prop 8 as they did with Amendment 2 by declaring it unconstitutional. The passing of Prop 8 reminds me when my state, Colorado, passed Amendment 2 about 15 years ago denying Gays and Lesbians protection from discrimination. I was so disappointed then as I am now and I hope that the courts will do the right thing with Prop 8 as they did with Amendment 2 by declaring it unconstitutional.

]]> By: DrowseyMonkey http://thistimethisspace.com/2008/11/06/proposition-8-challenged/comment-page-1/#comment-24489 DrowseyMonkey Wed, 12 Nov 2008 03:46:31 +0000 http://thistimethisspace.com/?p=1429#comment-24489 I so don't get American's sometimes. On a more positive note - hey ... what have you done to your blog!? Very impressive girly! I so don’t get American’s sometimes.

On a more positive note – hey … what have you done to your blog!? Very impressive girly!

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