To: Republican Wildcat
How so?
It is a state constitutional amendment and voted on by the citizens.
4 posted on
10/05/2004 12:10:25 PM PDT by
mabelkitty
(Do not indulge the Negative Nervous Nellies with reassurances.)
To: mabelkitty
I am not saying I agree, and I am not saying i know the basis. But, a Federal Judge could wrongly decide that such an Amendment, passed by a state, is in violation of the 14th Amendment's "equal protection." Thus, the Judge could rule that the gay state citizen has a Constitutional right to equal protection to the laws and benefits of the State -- including marriage.
Just a theory -- but I would imagine that would be one way a Federal Judge could overturn the Amendment. (Or more likely, issue a stay to ban enforcement.)
I'll be interested to read the decision.
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