Well everyone is in agreement I assume that if one state, like Utah, is found to have the right to say "yes" or "no" via its normal voters' or other consensus to gay marriage, Prop 8 is immediately validated and Upheld. It was never killed. That's my point.
Prop 8 was overturned by the federal judiciary in Perry V. Schwartzenhegger. The USSC allowed that ruling to stand. The power to adjudicate issues of constitutional significance (or 'cases that arise under the constitution' as the constitution puts it) is delegated to the federal judiciary. While the USSC is the chief and most authoritative court in the federal judiciary, any ruling made by a federal court is authoritative unless overruled by a higher court.
And the USSC declined to overturn the outcome of Perry V. Schwartzenhegger. Thus, it stands, voiding Prop 8.
The Legislature of CA isn't overruling the people. There's nothing to overrule, as the federal judiciary has already found that Prop 8 is unconstitutional and thus void. And any law thus voided has no authority....
...Remember, Prop 8 is illegal. Its unconstitutional and void. They couldn't enforce it if they wanted to. And they don't want to.
No, you know it is still in legal limbo.
It really isn't. When the USSC refused to hear the case, there's no one to appeal the case to. The highest judicial authority in the land let a lower court ruling stand. And that lower court ruling made it unconstitutional.
It would be illegal for the CA legislature to enforce or use any definitions from Prop 8.
What law then would the CA legislature be violating by changing their statutues to match the federal judicary's ruling? There is none, as Prop 8 is void. You're claiming its in 'legal limbo', but it not. There are no appeals. The federal judiciary has ruled. Its settled.
Some future date, might that change? Maybe. Until it does, the issue is legally settled. And its completely within the power of the legislature to write law. And to remove passages in the law that have been struck down.
Making the 'coup' and 'sedition' claims more than a little silly.
Rogue CA officials cannot claim ignorance of that as fact.
They're not rogue if they're lawfully elected and lawfully excercising their authority. You can't name any lawful statute that is violated by removing Prop 8's language. As there is none. Prop 8 is void. It is illegal. It is unconstitutional.
You're claiming that because that may change at some future, undetermined date...unless it doesn't......that the CA legislature can't remove it.
Sure they can. As they are bound by the court's rulings. And the court has ruled on Prop 8: its unconstitutional. And the legislatures have every authority to remove unconstitutional text from its books.
I've asked before and I'll ask again.....
what authority is the CA legislature exercising that they *don't* have on this matter? The answer is none. They have the authority to do exactly what they're doing.
Rendering all the melodramatic 'sedition' and 'coup' and 'fascism' talk as alliterative irrelevance.
So in a pre-emptive anticipated act of contempt of Windsor and what they know are the High Court's leanings, rogue officials in CA sought to gut Prop 8 while it was still alive. It really is like a group of vigilantes putting a prisoner to death because they've already decided that the jury will eventualy find him guilty anyway.
Again, the CA legislatures cannot violate a Supreme Court ruling that *doesn't exist*. you're speaking of a hypothetical ruling that has never been issued. And your 'the jury will eventually find him guilty anyway' analogy is nonsense. The issue has already been adjudicated. There was a trial and everything. The issue has gone all the way to the Supreme Court. They refused to hear the case allowing a lower court ruling to stand.
To use your analogy, there's been a trial, there's been a verdict, there's been a sentence, there's been an appeal, and another appeal. And another appeal And the verdict has has been unheld: prop 8 is unconstitutional.
So much so that it is illegal for California to enact it. That's the legal reality. You're basing your entire argument on a hypothetical ruling that has never been issued and may never be issued. And then going so far as to insist that the CA legislators be imprisoned for their failure to comply with a ruling that has NEVER HAPPENED.
That's ridiculous. There's no 'fascism'. You don't know what the term means. There's no 'coup', as the legislature has the authority its exercising. And there's no sedition, as the CA legislature is *following* the ruling of the federal judiciary. Not your hypothetical, imaginary, maybe someday ruling that
doesn't exist.....but the actual ruling that stands now.
And it renders Prop 8 unconstitutional. Thus, the legislature has every authority to act in accordance with that ruling.
That's literally the opposite of sedition.
You can keep using the word 'rogue' all you like, but like 'coup', 'sedition', and 'fascism', your reimagining of the term has nothing to do with its actual meaning. As the legislature possesses the authority they are exercising. And are working in accordance with the rulings of the federal judiciary.