[goldstategop]

The YES on 8 Campaign is committed to securing the people's enactment from a frivolous ACLU lawsuit. Those who have lost an election campaign should not be allowed to get the result they want in the courts.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Bubba_Leroy]

All they need to win the suit is the same 5 out of 9 supreme court justices that legalized homosexual marriage in the last suit.

[TenthAmendmentChampion]

Pray for God to protect the traditional definition of marriage. May His will be done.

[TenthAmendmentChampion]

Pray for God to protect the traditional definition of marriage. May His will be done.

[GSP.FAN]

Sorry i am building bigger cages for hens and rooster’s.I do not have time to worry about the GLBT...

[TheDon]

It should also be noted that the ACLU recently made this same “constitutional revision” claim in a nearly identical matter in Oregon and it was unanimously rejected. The claim was made under almost identical provisions of the Oregon State Constitution, against an almost identical voter constitutional amendment which read, “…only a marriage between one man and one woman shall be valid or legally recognized as a marriage.” The Court of Appeals of Oregon unanimously rejected the ACLU’s “revision” claim. (Martinez v. Kulongoski (May 21, 2008) --- P.3d----, 220 Or.App. 142, 2008 WL2120516).

The ACLU is wasting their time and money....hmmmm....

[dbz77]

On the amendment v. revision issue, it is important to look at the relevant case law. In People v. Anderson (1972), the California Supreme Court had ruled "that capital punishment is both cruel and unusual as those terms are defined under article I, section 6, of the California Constitution, and that therefore death may not be exacted as punishment for crime in this state." In that same decision, the Court noted that the "cruel or unusual punishment clause of the California Constitution, like other provisions of the Declaration of Rights, operates to restrain legislative and executive action and to protect fundamental individual and minority rights against encroachment by the majority. It is the function of the court to examine legislative acts in light of such constitutional mandates to ensure that the promise of the Declaration of Rights is a reality to the individual." Later that same year, voters passed an initiative which constitutionalized the death penalty. This initiative affected the right to be free from cruel and unusual punishment, a right of a minority. Lawyers for Lavelle Frierson, in their appeal of his death sentence, argued that the initiative amounted to a revision. The Court rejected that argument in People v. Frierson. So case law states that amendments can be used to reduce (and extend) the scope of the cruel and unusual punishment clause.