Prop 8 Showdown

That is a very good point.

I am not going to argue it, but I am not 100% sure you are entirely correct either. Defining marriage as one man one woman may not actually infringe on another person's rights, especially if they have the ability to avail themselves of the same rights.
Sadly I am lacking in intelligence to convince you...but there are some here that are not, maybe they'll chime in.

I'll just say that IMO it is the same as denying two ethnic groups the ability to marry and your argument would be that they aren't denied anything, they are free to marry someone of the same ethnic group just like everyone else is...

Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.


I EXACTLY agree with you. I don't care if they get married, but it is a state's rights issue, and RAVI is wrong the people DO have the right to vote directly towards this. That isn't at question at all. NO part of the lawsuit will be based on do the people have the right to vote directly on a CON amendment. They absolutely do. She is confusing two issues.
 
Why not argue about it? Ravi is, as usual, wrong.

Referendum - Wikipedia, the free encyclopedia

It is the EXACT procedure called for in the CON to determine constitutional amendments.

Absolutely hilarious that Ravi would attempt to explain our governmental procedures when she herself doesn't understand them.

:lol::lol:

Actually, we cannot have a referendum and amend the US Constitution. If we could there would be a lot more than 27 amendments.

state constitution. Sorry for the confusion
 
When civil unions was on the ballot in Washington State, we had a group from Colorado paying for ads...

Against them, I'm guessing, right?

Yep, and they were quite disturbing ads.. One talked about how if we allow civil unions for homosexuals, somehow the teachers are going to start teaching our grade school children about homosexuality. I swear I am not making it up.

Same in CA. They also tried to pretend stuff that happens under MA law would apply here (despite us not having the same laws)
 
That is a very good point.

I am not going to argue it, but I am not 100% sure you are entirely correct either. Defining marriage as one man one woman may not actually infringe on another person's rights, especially if they have the ability to avail themselves of the same rights.
Sadly I am lacking in intelligence to convince you...but there are some here that are not, maybe they'll chime in.

I'll just say that IMO it is the same as denying two ethnic groups the ability to marry and your argument would be that they aren't denied anything, they are free to marry someone of the same ethnic group just like everyone else is...

Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.
 
99/.99=100

You have some sort of problem with democracy?

Proposition 8 was voted on by the citizens of California, and you think one man can tell them all that they don't have a right to a vote because you disagree with the result. Would you be as comfortable with it if a vote had been held and SSM approved and someone took it to court to overturn it?
We aren't a pure democracy.

The general public is not meant to vote on the rights of others.

As the saying goes....

Democracy is two wolves and a sheep voting on whats for supper

Who was it that said Liberty is a well-armed sheep contesting the vote?
 
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Oh, in keeping with Constitutional issues, I forgot to mention the Original 7 Articles, better known as the United States Constitution was ratified by the required # of states, 9, on this day, June 21, in 1788, in full force and effect March 4th 1789.

The original being on display in the Rotunda of the National Archives in Washington, D.C. Been there, seen it.

In the center case, the Declaration is left, the Constitution in the middle and the Bill of Rights, all 12 Articles, is on the right.

Quite awesome to gaze upon.
 
Sadly I am lacking in intelligence to convince you...but there are some here that are not, maybe they'll chime in.

I'll just say that IMO it is the same as denying two ethnic groups the ability to marry and your argument would be that they aren't denied anything, they are free to marry someone of the same ethnic group just like everyone else is...

Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.

Right, but there is no case that this vote itself was an illegal way to attempt to ban gay marriage. The ONLY question is does the proposition violate anyone's civil rights. Two entirely different arguments.

Ravi is trying to argue that the people don't have the right to vote directly on a proposed amendment to their state constitution.
 
Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.

Right, but there is no case that this vote itself was an illegal way to attempt to ban gay marriage. The ONLY question is does the proposition violate anyone's civil rights. Two entirely different arguments.

Ravi is trying to argue that the people don't have the right to vote directly on a proposed amendment to their state constitution.

First, at the time the vote was taken Prop 8 was at best questionable in its constitutionality. While CA has the right to decide whether residents can vote on amendments to its state constitution, where were the safegurads to vet the measure and determine whether it was likely to be constitutional in the first place? What is the procedure for getting these measures on the ballot? Who writes them? Who approves them? There's a lot more to amendment by popular vote than simply whether people are allowed to do it. The whole process needs to conform to the higher authority, which is COTUS and the body of con law based on it. And if they get it wrong, then hell yeah the Courts have every right not only to invalidate the law, but to spank them for their process and make them change or do away with it.

The COTUS does not guarantee a democratic form of government....I'll say that again, nobody in this country is guaranteed democracy by the Constitution of the United States. The guarantee is of a Republic. Food for thought.
 
I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.

I do understand that. This is still a court overturning an actual election though, one that was valid before the court decided it wasn't.
 
I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.

I do understand that. This is still a court overturning an actual election though, one that was valid before the court decided it wasn't.

No, it's a court overturning a law. How that law came to be doesn't matter, all law is subject to review.

If it were a law arrived at legitimately by the State legislature and signed by the Governor, all of them being the people's representatives elected for that very purpose, how is that different?
 
He's saying he wants HIS state to have their own right to decide.

and they would not have that right because some activists come into his state to try and persuade the citizens?.....is his state supposed to be immune to this type of shit?...welcome to the real world....

No, they would lose that right because a federal court decision would take that right away form the states and impose it upon them by decree.

thats not what he was saying though....he was talking about activist from California coming into his state to try to convince the voters of his state to agree with them.....i mean first off....California does not have activists.....:eusa_whistle:
 
You have some sort of problem with democracy?

Proposition 8 was voted on by the citizens of California, and you think one man can tell them all that they don't have a right to a vote because you disagree with the result. Would you be as comfortable with it if a vote had been held and SSM approved and someone took it to court to overturn it?
We aren't a pure democracy.

The general public is not meant to vote on the rights of others.

That is a very good point.

I am not going to argue it, but I am not 100% sure you are entirely correct either. Defining marriage as one man one woman may not actually infringe on another person's rights, especially if they have the ability to avail themselves of the same rights.

I think that's the core of the defendant's argument: that gay people can still get married; a gay man can marry a gay woman. I'm just using your post as a backboard for my counter-argument to that point, even though we're on the same side of this issue.

This is where the argument that it's gender discrimination comes in: a straight man can't marry a straight man. As ridiculous as that seems, it's just as ridiculous as a gay man marrying a gay woman.

Can a gay man love a gay woman in a way to justify marriage; or, to put it another way, can a straight man love a straight man in a way to justify marriage? On both counts, I think it's the same kind of love. But in the state of Cali, one of those marriages is considered a "real" love, and the other, based on the gender of the two parties even though both are straight, is considered a "fake" love and thus a desecration to the word.

How can there be two relationships with identical forms of love, but one is considered an upholding of marriage while the other is considered a desecration? The variable is the gender of both parties. You can mix and match the straight and gay prefixes, but the defining of marriage in Prop 8 is based on gender and not on sexuality.

So I think that's the core of the argument for why Prop 8 is discriminatory, the intent is in the wording, and discriminatory intent is a violation of the Fourteenth. The variable that gives this case an advantage over Baker is Prop 8.

This is Prop 8 btw:

Section I. Title
This measure shall be known and may be cited as the "California Marriage Protection Act."

Section 2. Article I. Section 7.5 is added to the California Constitution. to read:
Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.​

Ballot initiatives for state constitutional amendments can't supersede the Constitution. While the process itself is absolutely legal and can be a good way for citizens to influence their state government more directly than elections of politicians, the amendments shouldn't be immune to the power of our Constitution. I'm with Jefferson on this; direct democracy can become back-door tyranny. I don't want people's civil rights subject to the masses, and look to the Constitution as a source of protection against both the government and the metaphorical 51%.

But I am not a lawyer, so much of this is just wishy theory. :cool:
 
Oh, in keeping with Constitutional issues, I forgot to mention the Original 7 Articles, better known as the United States Constitution was ratified by the required # of states, 9, on this day, June 21, in 1788, in full force and effect March 4th 1789.

The original being on display in the Rotunda of the National Archives in Washington, D.C. Been there, seen it.

In the center case, the Declaration is left, the Constitution in the middle and the Bill of Rights, all 12 Articles, is on the right.

Quite awesome to gaze upon.

I think I told you before, I lived for a while just a couple blocks from Independence Hall. I loved to go there when it wasn't crowded, to stand in the silence and think.

I know what you mean about it being awesome to gaze upon, some places and objects just seem to retain not just their history but the enormity of its consequences. And if you're lucky, you can feel it in their presence. Awesome is the word.

All nonsense, I know. :lol: But I do know what you mean. I highly recommend visiting both of these places at least once - preferably when it's quiet.
 
That is a very good point.

I am not going to argue it, but I am not 100% sure you are entirely correct either. Defining marriage as one man one woman may not actually infringe on another person's rights, especially if they have the ability to avail themselves of the same rights.

but what good is it....if you dont get the piece of paper that says the feds recognize it....you know taxes,hospital visits,wills.....all the stuff that comes with the cert.....
 
Sadly I am lacking in intelligence to convince you...but there are some here that are not, maybe they'll chime in.

I'll just say that IMO it is the same as denying two ethnic groups the ability to marry and your argument would be that they aren't denied anything, they are free to marry someone of the same ethnic group just like everyone else is...

Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.


I EXACTLY agree with you. I don't care if they get married, but it is a state's rights issue, and RAVI is wrong the people DO have the right to vote directly towards this. That isn't at question at all. NO part of the lawsuit will be based on do the people have the right to vote directly on a CON amendment. They absolutely do. She is confusing two issues.

People can vote on anything they want, but we have a judicial system to protect the rights of the minority. 95% of the population is not allowed to vote on what rights 5% of the population are allowed to have
 
Don't give up so easily. I actually support SSM, I just don't think the court has the right to overturn a valid election just because I don't like the results. My biggest problem with your argument is that I want to accept it so much that I am having a hard time finding the legal faults in it. On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

I'd agree with you if it were an election for office, not a referendum to create law. And that's exactly what both the Federal and State constitutions and their amendments are - law.

It's the job of the Courts and has been for over 200 years to evaluate laws and decide whether they are in line with Constitutional principles. It doesn't matter if that's a lower court ruling with value as precedent, or a legislative act, or a referendum. It's all law, and all subject to Constitutional review.

The process itself can be reviewed if there are no safeguards in place to make sure the people can't vote into being a law that is unconstitutional in the first place. Should the Courts sit back and allow Jim Crow to be reinstated if it's through a ballot measure and not the legislature? No, it would be wrong and blatantly unconstitutional. Does the fact that it was put into place through an election make a difference?

Also remember, the Constitution itself does not guarantee pure democracy, it guarantees every State a Republican form of government. There are several other points, but you get the idea. Law created by popular vote is no different than law created any other way and is subject to the same review.

Right, but there is no case that this vote itself was an illegal way to attempt to ban gay marriage. The ONLY question is does the proposition violate anyone's civil rights. Two entirely different arguments.

Ravi is trying to argue that the people don't have the right to vote directly on a proposed amendment to their state constitution.
People do not have a right to vote on limiting the rights of others. Quit putting words in my mouth.
 
On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

and this happens time and time again.....the losers take the results to court....instead of taking the time between elections to try and convince people and write a better proposition.....we get lawsuits.....
 
gays should be second class citizens...they do not deserve the fundamental right to marry...that should be reserved for britney spears, liz taylor, larry king or who ever wants to get married and divorced a hundred times!!!!!
 
On the other hand, if we start letting courts throw out the results of valid elections, where will it stop? That thought scares me more than screwing homosexuals out of the right to marry.

and this happens time and time again.....the losers take the results to court....instead of taking the time between elections to try and convince people and write a better proposition.....we get lawsuits.....
Because...you...can't...vote...on...someone's...civil...rights.
 

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