Posted on 06/20/2008 11:16:37 PM PDT by SmithL
SAN FRANCISCO -- Gay-rights advocates asked the California Supreme Court on Friday to remove a proposed state constitutional ban on same-sex marriage from the November ballot, saying it would destroy fundamental rights that cannot be legally altered by a voter initiative.
The suit was filed by organizations representing gay and lesbian couples in the case that led to the court's May 15 ruling striking down the state law that excluded them from marriage - a ruling that the Nov. 4 initiative would reverse.
Like one of the laws that the court overturned, the initiative declares that "only a marriage between a man and a woman is valid or recognized in California."
In papers filed four days after the legalized same-sex weddings began around the state, advocacy groups argued that the measure would change the state's Constitution so profoundly that it would amount to a revision. Under the law, the Constitution cannot be revised by initiative alone - a two-thirds legislative approval is also needed before the measure goes to the voters.
"If enacted, (the November initiative) would eviscerate the principle of equal citizenship for gay and lesbian people and strip the courts of their authority to enforce basic constitutional guarantees," said Stephen Bomse, lawyer for the groups.
He said the measure would "destabilize our Constitution and our basic government plan . . . by establishing that any group may be deprived of equal protection and fundamental rights through a simple majority vote."
The lawsuit also contends that the initiative petitions circulated to voters before the court ruling were misleading because they declared that the measure would make no change in the marriage laws and would have no fiscal impact.
The advocacy groups, led by Equality California, asked the court to declare the initiative unconstitutional and strike it from the ballot,...
(Excerpt) Read more at sfgate.com ...
That’s right, when you can’t convince, use force!
He has his trumpet to his lips, and is about ready to blow it.
Maranatha! Even so, come quickly Lord Jesus.....
Wouldn't that be what the leftists desire - democracy? The vote of the public. The VOICE of the people. (Or - maybe only in certain cases...)
Nothing offends the left-leaning political correctness police like the notion that the people have a right to decide based on common sense and established tradition.
“Mr.Activist Judge, we need you to take the Constitutional rights of the people away”.
“Mr.Activist Judge, we need you to take the Constitutional rights of the people away”.
Simple majority vote changed the fundamental laws of California and overturned existing law that very clearly defined marriage as being between a man and a woman, claiming that they could do this because the law wasn’t compatible with the constitution.
So now that the people are changing the constitution, which the court knew about, and refused to suspend their ruling pending this vote, is going to be the same court that will decide if we can have a referendum on the topic.
I love how this world works.
just what happened to voter suppression and the will of the people\\\the homosexuals knew exactly that a ballot question was coming up, the judges knew, they was told about it and after their ignorant ruling they was asked for a stay because of the ballot question
the judges said no stay, the homosexuals now think they are married and say and this gets me
there will be a constitutional crisis
er yes it’s called homosexual marriage, they started
they force their sick twisted perverted views onto us in MA, they then ignore the will of the people there and not let them vote , they then get divorced half of them do and go to other states saying that they have to recognise their sham marriage thus now causing even more states to grapple with this
they then ignore the will of the people in CA
they then get the judges to over turn the will of the people and make a law based on nothing but a sick twisted view and now because a ballot comes up they go on about a constitutional crisis.
Guess what for any of you homosexuals reading this or radical liberals
it is a sick twisted perverted lifestyle view you have and you need mental help.
nothing normal about two men poking each other , and one of them is a woman nor is it normal for a woman to have a strap on and act like she is a man
get a shrink as most of this country will never accepot you into mainstream America
the ballot question is doing them a favour
since half of those who got married got divorced then no doubt many of you homosexuals will too
so when the ballot question comes up and the voters say you were never married really then guess what you don’t have to get a divorce
No doubt the manly women and the womanly men will be crying in front of the cameras trying to get sympathy and say how you just want to be accepted
well you won’t , and save the
tears as it doesn’t work , in-fact you will be laughed at
Thinking you were married LOL, get real
What are they so afraid of? The citizens of the State should have their say as to what they believe their cultural traditions should be. They should not be dictated to by an overzealous court. Let the people decide and let the dice fall where they may.
He may yet allow this to go on for another 100 or 200 years to even lower levels of moral degradation, you never know, before He finally says “enough!” and returns in glory...even to the point of Christians again being publicly affixed to crosses and executed, for their refusal to agree to legal-sanctioned homosexual marriages, homosexualization of their children (public/private and homeschool alike) through mandatory weekend sex camp retreat-re-education camps to sennnnnnsitize them to “alternative ways”, and other totalitarian/satanic horrors that are just around the corner, awaiting this perverse society that we could not imagine 50 years ago.
How can a state court override the will of the voters? Doesn’t CA have a Constitution?
This is designed to achieve SEVERAL goals.
It is designed to keep those voters who “cling” to religion from turning out to oppose this hot button issue for them.
It also is designed to keep the public from getting to weigh in on the issue. They prefer to cite push polls showing public “support” for the homosexual agenda.
Disenfranchised voters? Empowered activist courts!
Think Amy bib Goodman will cover this topic on her Pacifica Radio Program “Democracy NOW”? Or does she support DEMOCRACY NEVER?!!
Our life depends on it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.