Sorry, the identical laws to Prop 8 in other states are being appealed for SCOTUS to touch back on Windsor and visit the 14th for a Final Proclamation on the validity or nonvalidity of them weighed against the constitution.
Sorry, but the federal judiciary has ruled on the issue. And the USSC declined to overrule it. Meaning, like it or not, we have a standing federal ruling that is authorative on Prop 8. There are no appeals. There are no higher courts to rule on it.
You're basing your entire argument on hypothetical *future* cases that may or may not say what you like. And then ludicriously insisting that if CA doesn't follow a hypothetical ruling that
doesn't exist that they're commiting 'sedition'.
You might as well call their actions 'Giggling Marmalade Thursday' for as much relevance as their actions have to sedition. You're just tossing the term out as a melodramatic pejorative. And your usage has nothing to do with our laws or the facts surrounding the case.
The fact is, its illegal to implement any portion of Prop 8 in California. And Prop 8 has been adjudicated fully. There is no appeal left standing, no court that didn't have an opportunity to hear the case. And the authority to adjudicate issues that arise under the constitution belongs to the Federal Judiciary.
The Federal Judiciary has ruled, finding the Prop 8 unconstitutional.
If the Court allows that states have the right to define which behaviors may marry and which cannot, Prop 8 goes from limbo to law again.
Unless it doesn't. That's the part that you're not getting.
The ruling that you're speaking of doesn't actually exist. How then is it 'sedition' to not abide a non-existent imaginary ruling?
Obviously it isn't.
A ruling that has never been issued has no binding precedent. Its impossible to violate. A ruling that has been issued carries with it the force of law.
And the federal judiciary has ruled on Prop 8: its unconstitutional. A ruling the USSC let stand.
Which means it carries the force of law in California.
You can imagine any future ruling you like. But your imagination carries with it no force of law, defines no legal terms, nor creates any binding precedent. Nor obligation by anyone to do anything. Freeing the CA legislature to act within their lawful authority in any manner they see fit.
But while it is in limbo [by virtue of its identical syblings on the way to the Highest Review], it cannot be revoked or altered in any manifestation of law within CA's code system without the voters weighing in and allowing it.
Prop 8 isn't in any legal limbo. Its been ruled upon. Its fully adjudicated at the State level. Its been fully adjudicated at the federal level. There was a trial held and everything. And the findings of the federal judiciary is Prop 8 is unconstitutional. Even the USSC had their shot at the Proposition. And the let the lower court ruling stand.
There are no appeals for Prop 8. There is no higher court to hear it. Its constitutionality is legally resolved: its not constitutional.
Thus, what actions taken by the CA legislature violate *any* law? The CA legislature is within its power to write law. And the CA legislature is within its power to remove law has been found to be unconstitutional by the federal judiciary.....with the approval of the governor.
I've asked this question repeatedly, and you've never been able to answer:
What power is being exercised by the CA legislature on this issue that it *doesn't* have?
None. It has every power to do exactly what its doing. Better yet, its actions are in accordance with the ruling of the federal judiciary on the matter. Not some imaginary future ruling that may or may not actually exist.
But the *actual* ruling of the federal judiciary in which Prop 8 was found unconstitutional. The one that binds California today and makes it illegal to implement any portion, any definition, any part of Prop 8 in the State of California.
Its not sedition to follow the law. Its not fascism to follow the law. Its not any of the other over the top melodramatic labels you've applied either.
And the CA legislatures are following the law, exercising their lawful authority in accordance with the ruling of the federal judiciary.
And of course that revocation/alteration has already been done without the voters' permission while it still lingers in limbo. And that is sedition.
Laughing....no it isn't. Prop 8 has already been found to be unconstitutional. The ruling that you insist that the CA legislature abide...
.....does not exist. And imaginary rulings have no legal weight.
Even on moral grounds, your argument falls flat. Is there any doubt in your mind that if CA voters were asked to vote today on the legality of gay marriage, they would overwhelming affirm its legality? Of course not. The support in CA today is ridiculously high.
If an imaginary ruling that may or may not ever happen supposedly carries weight, then surely an imaginary vote that may or may not ever happen carries at least as much. Yet you attribute hypothetical authority only to one side of the issue. Where by any rational standard, it would apply to both....or neither.
I and our system of law recognize neither. As only rulings and votes that have actually exist carry with them any legal weight. Imaginary hypothetical rulings and votes, don't.