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  1. #11  
    Power CUer FlaGator's Avatar
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    Quote Originally Posted by Zathras View Post
    Don't everyone celebrate just yet. I have the feeling, at least here in California, that the people that wanted Prop 8 to fail will be taking it to the courts. And if the past is any indication, Prop 8 will be declared unconstitutional by the state supreme court. It's happened before with the supremes here in Cali overturning the will of the people.
    I don't think that a state constitutional amendment can be voted by the state surpreme court as unconstitutional. The state supreme court is to interpret and uphold the state constitution regardless as to what is in it. They can not rule on the constitutionality of something permitted or banned by their constitution. They'll have to make a federal case of it and the federal Supreme Court would have to determine that it is unconstitutional at a national level. That would have major reprecussions for all the states with constitutional amendments that bar same sex marriages.

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  2. #12  
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    By definition, a California proposition is an amendment to the California Constitution (one of the largest and most complex constitutional documents anywhere in the world, and includes a right to fish :) ). I guess it's possible that the California courts could find somewhere where this proposition conflicts with some other part of the California constitution. That's about the only way the state courts could do anything about it.
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  3. #13  
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    Quote Originally Posted by crockspot View Post
    By definition, a California proposition is an amendment to the California Constitution (one of the largest and most complex constitutional documents anywhere in the world, and includes a right to fish :) ). I guess it's possible that the California courts could find somewhere where this proposition conflicts with some other part of the California constitution. That's about the only way the state courts could do anything about it.
    That's what they did with Prop 189--about illegal aliens. They got the most important parts of it set aside as not being consistent with the rest of the California constitution.
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  4. #14  
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    One huge positive from the election. I knew the heads would be 'slpoding. Awesome.

    I was reading a thread about it earlier (may have been that one) where they wanted to slam the shit out of blacks because they overwhelming voted against it but they were treading carefully.

    Of course they blamed "repuke fundies that infiltrated black churches" as the reason blacks voted against it.

    Once again, god forbid a black person could make up their own mind.
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  5. #15  
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    Quote Originally Posted by JB View Post
    One huge positive from the election. I knew the heads would be 'slpoding. Awesome.

    I was reading a thread about it earlier (may have been that one) where they wanted to slam the shit out of blacks because they overwhelming voted against it but they were treading carefully.

    Of course they blamed "repuke fundies that infiltrated black churches" as the reason blacks voted against it.

    Once again, god forbid a black person could make up their own mind.
    Actually, that is one big fissure in the left coalition: the blacks don't like gays and they don't believe they have a Civil Rights argument. The largest single group that voted for Prop 8 were Black women at 74%. That is above all other demographic groups. My guess is that many black males are "on the down low" and are passing HIV to their female lovers. Black women probably are so damned angry their own bisexual men that they voted for Prop 8 thinking it might keep their men from straying to other men.

    This year, too, there was a big blowup between Leah Daughtry (the Black 50-something female pastor who had a huge influence on the Democratic platform) and the gays in the Democratic party. Daughtry excluded gays completely from the platform (though she denied it) and she was responsible for the resignation of one of the big gay activists in the Democratic party.

    There is more of this coming. Blacks are no friends to the gay community and an Obama presidency may not work to the advantage of the gay community at all. The only reasons the Dems want them around is because gays (especially gay men) have a lot of expendable income which they put into politics. Most black women don't have that kind of spare cash. So they use the gays' money to support laws that will help the blacks.
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