Miscellaneous Heathen : Things you don't get to be surprised or upset about

Comment on Things you don't get to be surprised or upset about by Tim

Thu, 13 Nov 2008 13:54:29 -0600

This whole thing depresses me - it was a black stain on an otherwise euphoric election night here in California. I'm interested in the legal challenges that are forthcoming (equal protection, etc.). Maybe there's still hope.

Comment on Things you don't get to be surprised or upset about by Frank

Thu, 13 Nov 2008 14:24:54 -0600

I'm wondering how a legal challenge would go down. I think one way may be that in order to amend the constitution, you would have to go through the legislative process, not just a popular vote. We'll see what they come up with. I honestly don't know how they'd challenge the legality of it without getting into federal equal protection issues.

Comment on Things you don't get to be surprised or upset about by Chet

Thu, 13 Nov 2008 14:28:07 -0600

My understanding is that the CA Constitution can be amended by popular vote (as here), and that would suggest that there's no state-level way to rectify this short of another amendment. Doesn't that leave a Federal equal protection suit as pretty much the only angle? Surely a state Constitution cannot trump the Federal one.

Comment on Things you don't get to be surprised or upset about by Frank

Thu, 13 Nov 2008 15:53:05 -0600

State level constitution will not trump the federal constitution UNLESS the state level constitution provides more protection than does the federal one.

For example, the federal constitution wouldn't limit a state constitution's protection of gay marriage, even if the federal constitution is held not to protect that.

The question will be whether the SCOTUS will include sexual orientation as a protected class (such as race, religion, disability, etc.). As far as I know, he SCOTUS has not so-held.

Comment on Things you don't get to be surprised or upset about by Tim

Thu, 13 Nov 2008 19:11:43 -0600

Frank's right: It's basically the difference between an amendment and a revision. Previous CA Supreme Court rulings identified same sex couples as having equal protection, so if they determine that Prop 8 is a substantial revision, not an amendment, a simple majority wouldn't suffice (it would need to go to the legislature).

Kos has a good description here:

http://www.dailykos.com/story/2008/11/13/135554/18/561/660483

Comment on Things you don't get to be surprised or upset about by Tim

Thu, 13 Nov 2008 19:13:50 -0600

Kos has a good description here:

http://www.dailykos.com/story/2008/11/13/135554/18/561/660483

Comment on Things you don't get to be surprised or upset about by Tim

Fri, 14 Nov 2008 14:43:35 -0600

Oops.