(no subject)

[inaki]

So the California Constitution states that any measure or law that discriminates against a certain group is unconstitutioal. Even constitutional amendments.

And the voters have narrowly stated they wish to define Marriage, without addressing the discrimination clause.

Therefore! The People of California have decreed that Marriage is Unconstitutional! Civil unions for all!

Of course. There's still 2-3 million absentee ballots to count, so don't let out that breath yet.

Comments

[tarnac.livejournal.com]

They didn't vote that they wanted to define marriage. It was pretty well phrased: Eliminates the rights of same sex couples to marry.

Maybe some day Amsel and I will be able to legally adopt our kids though, based on the "OHFUX DISCRIMINATION" line of thinking. Who's to say that we aren't being discriminated against, those of us who are FUCKING INSANE.

[timberwuf.livejournal.com]

The full text of California's Constitution may be found here: http://www.leginfo.ca.gov/const-toc.html

Here are some important paragraphs from Article 1. Declaration of Rights.

SEC. 3. (4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.

SEC. 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion.

SEC. 7. (b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or
revoked.

SEC. 9. A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.

SEC. 24. Rights guaranteed by this Constitution are not dependent
on those guaranteed by the United States Constitution.

SEC. 26. The provisions of this Constitution are mandatory and
prohibitory, unless by express words they are declared to be
otherwise.

So the amendment already violates other parts of the Constitution.

In Colorado, when Amendment 2 of 1992 passed, opponents had a lawsuit, complete with plaintiffs and a former Colorado Supreme Court Justice as one of the attorneys, ready to go. There needs to be a lawsuit about Prop. 8.

[blackswan666.livejournal.com]

Awesome! Thanks for posting this.

It's already been said on the news that this will be fought in the courts. I'm hoping it goes down in a ball of flames.

[its-a-trap.livejournal.com]

Just gotta keep fighting.