To: Jacquerie
They granted no power to define marriage.No, but they granted the federal government the power to enforce the Equal Protection Clause. That clause was used to strike down the marriage laws of numerous states in Loving v. Virginia (1967) (striking down anti-miscegenation statutes).
I am not saying that Prop. 8 is unconstitutional. But your original argument-- that federal courts have no power to review state constitutions-- is simply wrong.
To: Lurking Libertarian
The original argument is what jurisdiction the federal courts have over homo marriage. It is laughable but fashionable to frame every gripe as an equal protection case. The people of CA spoke twice, at great expense and to think that some blackrobed minor god judge thinks he has the legitimate power to summarily overturn a legitimate amendment to their Constitution is tyranny.
Our courts have morphed into unelected legislatures, the embodiment of tyranny.
34 posted on
08/19/2009 4:01:54 PM PDT by
Jacquerie
(We live in a judicial tyranny - Mark Levin)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson