Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Kretek
No. It was an amendment to California's Family Code. A state law at variance with the State Constitution CAN be declared unconstitutional. Though I'm at a loss to see how confining marriage between a man and a woman violates any one's rights.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
308 posted on 03/14/2005 6:09:04 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 50 | View Replies ]


To: goldstategop
It was an amendment to California's Family Code. A state law at variance with the State Constitution CAN be declared unconstitutional.

Yes, even those state laws enacted by a general vote of the people at referendum. Only constitutional amendments are immune from challenge as unconstitutional; amendments are constitutional by definition.

Although one poster did point out to me a case from Colorado which I haven't had time to review yet.

340 posted on 03/14/2005 6:53:57 PM PST by Kretek
[ Post Reply | Private Reply | To 308 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson