Posted on 05/16/2008 9:27:56 AM PDT by Congressman Billybob
John / Billybob
Good one, CB. Keep working for the sake of conservatism and a return to the principles of the U.S. Constitution.
All Hail King Court! Just let the judges rule.
Ahh, but the good news is that California’s judges, even those on the Supreme Court, do face re-election races, as Rose Bird learned so well. Perhaps another recall drive is in order.
Highly recommended reading for those that haven't yet picked them up.
Excellent post, John. Thanks to the sophist bilge our government schools have peddled to students for several generations, these basic facts sadly need re-stating. Our country has really lost its way.
We'll written piece, John.
Can this decision be appealed to the U.S. Supreme Court?
Not a recall...impeachment is the remedy for encroaching on what is the purview of the legislature and the people.
John / Billybob
John / Billybob
Suppose a gay couple gets married in California and moves to a state that does not recognize the marriage. When the gay couple attempts to get a benefit reserved for married couples in the new state, would that not set up a “full faith and credit” fight in the new state? And if so, would the case not have to be resolved at the federal court of appeals level?
Some state courts have already approached this issue, ruling that since the “marriage” isn't recognized, the domestic laws of that state offer no relief.
John / Billybob
What do they need to do to succeed there?
Can we help?
Exactly. In a functioning republic it is now up to the legislature to do its job and represent the will of the people which by extension is the law of the land. If they choose to support the rogue judiciary instead then they have abdicated their duty and set themselves against the law and the will of the people respectively.
Regime change in the courts. Impeach activist judges!
Then the people will elect them to Congress.....i.e.Alycee Hastings (sp).
I’m going to have to finish my coffee before checking my comments page in the morning anymore. Darned near ruined a keyboard here.
As I understand, it's too late to get more signatures there, the deadline has passed. Now, they're in the position of validating the signatures already received. If they don't get to the magic number of 10% of active voters, then the measure does not make the ballot. As a practical matter, invalidities occur frequently, therefore you must get many more signatures than what is nominally called for.
Frankly, I don't think it will pass even if it gets on the ballot. There will be a lot of enthusiasm among California liberals for Barry O's campaign, and unless McCain turns around from what I've perceived as squishiness on gay marriage, it's not even going to become a campaign issue on the national level. It's much more likely to affect local races in swing districts or states, most notably Florida.
One thing the case did show is that if a state tries to adopt civil union or domestic partnership as a 'compromise' measure, that state's Supreme Court can use that as 'intent' to create equality, and just give it that extra push towards wiping out a nominal distinction. That would appear to give ammunition to forces in red states that oppose any kind of official recognition of homosexual relationships.
We're moving towards a situation where we have red states with no recognition of anything besides traditional marriage, and blue states that have full hetero and homosexual marriage. At the time that bans on interracial marriage were struck down by the SCOTUS in 1976, only a small handful of states had such bans on their books, and they were often unenforced.
Surely, this issue will come before the Court as well, if that happens when only a minority of states have gay marriage, and the great majority do not have it (or its equivalents) the Court might just find that it can simply be a regional policy only, and not something that needs to be recognized on a national basis. I'm certain there are other exceptions to the "full faith and credit" clause of the Constitution, the SCOTUS can create another one here.
Interstate recognition of concealed carry permits, for example.
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