Gay marriage on trial




 
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Gay marriage on trial
 
March 2nd, 2009  
Chukpike
 

Topic: Gay marriage on trial


Gay marriage on trial
"Instead, the argument in the courtroom will be broader and more abstract. Who makes law in a democracy? What should we do when laws contradict one another? Who is the ultimate sovereign in the state of California -- the people at the polls or their written Constitution or their appointed judges or their elected legislators?" Editorial quote from this LA Times Article.

If this opens a discussion it should be on the issues the court will decide on. Whether you are for or against Gay marriage is not the issue, just the catalyst.

http://www.latimes.com/news/printedi...,2529667.story
March 2nd, 2009  
The Other Guy
 
 
But you know that it's what it will boil down to... however I am glad that someone is taking it to court.
March 2nd, 2009  
Chukpike
 
I hope not, because if they read the editorial it is about who makes the decisions.
The points are:

1. Do the voters(people) of California control the Laws?
"The Constitution has now been amended, by the sovereign people who are its creators," wrote the lawyers defending Prop. 8.

2. Is it the California legislature who decides?
"They note that there is a difference between an "amendment" of the Constitution, which can be approved by a majority of voters, and a more substantive "revision" of the Constitution, which requires a two-thirds vote of the Legislature before it can get on the ballot."

3. Can the California Supreme Court make a decision which in effect "invents' new law.

None of the questions the court has to decide on are about whether Gay Marriage is right or wrong.
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Gay marriage on trial
March 6th, 2009  
Rob Henderson
 
 
Although it is the court's decisions on those questions that will decide whether or not Gay Marriage is legal or illegal.
March 6th, 2009  
Chukpike
 
Quote:
Originally Posted by Rob Henderson
Although it is the court's decisions on those questions that will decide whether or not Gay Marriage is legal or illegal.
Nope.
You should read the article. As outlined the court will be ruling on whether the people of California have the right to decide.
 


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