[HapaxLegamenon]

How can a constitution amendment be unconstitutional?

[willamedwardwallace]

Here is a link to the opinion:

http://sblog.s3.amazonaws.com/wp-content/uploads/2012/02/Prop-8-9th-CA-ruling-2-7-12.pdf

Amazingly, the Ninth Circuit DID NOT hold that there was a fundamental right for sodomites to “marry”. In fact, the entire panel rejected the sodomites’ argument on that point. The decision is very, very narrow. It applies ONLY to California, not the rest of the States in the Ninth Circuit.

The decision was 2-1, with Reinhardt and his sock puppet voting to invalidate Prop 8 on different grounds that the pervert Homosexual Judge Walker decided.

This was probably designed to shield the case from Supreme Court review.

[Yulee]

Amen! I’ve been told that the Appeals Court says it violates the Federal Constitution. Strange!!!

[emporawr]

Because a state constitutional amendment can still be repugnant to the federal constitution. I haven’t read the opinion yet but Judge Walker’s was a pretty run of the mill equal protection argument

[Lmo56]

A State Constitutional Amendment is valid ONLY if it DOES NOT conflict with the Federal Constitution. See the Supremacy Clause, Article VI, Paragraph II, United States Constitution.

PRESUMABLY [and I have NOT read the ruling], the 9th Circuit ruled that Prop 8 violates the Equal Protection Clause of the 14th Amendment of the Federal Constitution.