[Tau Food]

A U.S. District Court has declared that Proposition 8 is unconstitutional under the 14th amendment of the U.S. Constitution. Any provision in the state's constitution, the state's statutes or a county's ordinance that provides that the judgment of a U.S. District Court is unenforceable is a provision that in unconstitutional under the U.S. Constitution's supremacy clause.

Banning homosexual marriage at this point will literally take an Act of God and the possibility of an Act of God should not be dismissed.

[DannyTN]

I see what they are saying. The Calif Constitution requires an “Appelate” court to have ruled it’s unconstitutional. Otherwise the California Executive has no authority to treat it as unconstitutional. It’s insufficient under the California Consitution for a District court to rule it unconstitutional.

Therefore if California officials don’t appeal the District Court’s ruling and get an appellate court ruling, the officials will violate the California Constitution by accepting the District Court’s ruling.

It sets up an interesting conflict of authority. One I think the District Court would win.

Californians would have grounds for impeachment for failure to seek an appellate court ruling. Unfortunately That and a quarter won’t get them a cup of coffee.

[InterceptPoint]

So the court that made the Prop 8 ruling was a Federal Court?