Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Deo volente
In a ruling that assures further legal battles, the high court found that backers of Proposition 8 did not have the legal right to defend the voter-approved gay marriage ban in place of the governor and attorney general, who have refused to press appeals of a federal judge's 2010 ruling finding the law unconstitutional.

In a nutshell - Jerry Brown and a single judge have more power than the population of California. Citizens have "no legal standing" to appeal the judges ruling. That's what this decision means. I think this is far reaching and not good.

11 posted on 06/26/2013 7:48:09 AM PDT by InterceptPoint (If I had a tag line this is where you would find it)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: InterceptPoint

Your “nutshell” is pretty spot on.

There is a tenant in judicial review that if you can avoid making a decision on Constitutional grounds, and can find other dispositive grounds, that is how you decide the case. That’s what happened here.

The worst part is, now that it is done, the case WILL be back (Full Faith & Credit probably) and I would bet pretty much anything that SCOTUS approves gay marriage nationwide.


33 posted on 06/26/2013 7:53:49 AM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 11 | View Replies ]

To: InterceptPoint

Imagine if this was the ruling on Brown VS Topeka?


89 posted on 06/26/2013 8:16:36 AM PDT by Florida native
[ Post Reply | Private Reply | To 11 | View Replies ]

To: InterceptPoint

I agree, I most concerned with the fact that if a State’s AG and governor do not sign on to what the people wanted that it’s impossible to overturn a federal ruling on the case. That seems awfully heavy handed for the people who say they want to protect the people from oppressive governments.


153 posted on 06/26/2013 9:10:50 AM PDT by Almondjoy
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson