Some same-sex marriage supporters are urging people to 'call in gay' Wednesday to show how much the country relies on gays and lesbians, but others question whether it's wise to encourage skipping work given the nation's economic distress. (Dec. 9)
I've got a degree in Political Science. I don't need another. I'm well acquainted with roles of the various branches of government.
You ask why I keep bringing up the SCOTUS and its role with prop 8. I JUST told you. Others on your side are considering challenging the federal constitutionality with the 14th amendment with "Discrimination" being the cause of action. The only other way is to amend it again....Like prohibition (21st amendment). That's it. Only two ways. Now sit down.
Gurlfriend, you're clearly confusing the scope & role of the federal/state courts. Prop H8 deals with the state constitution. Why you keep yammering on about the SCOTUS is anyone's guess. You have no idea how the referendum process works, like most Prop H8 proponents. Voters cannot use the referendum process to discriminate, which is why anti-miscegenation laws were overturned in CA. You may want to enroll at your local community college for a brush up on basic poly sci.
Your girlfriends disagree and are crying about the 14th Amendment. The SCOTUS CAN find a State constitution federally unconstitutional. PoliSci 101.
No State or Federal case has been brought to challenge your Constitution, therefore neither Court has standing! If there is NO CASE, there can be no appeal! That's the only kind of case a Supreme Court can hear. An appeal! Voters CAN pass amendments and DID. Nothing unconstitutional about it.
No one, other than you, is making Prop 8 a federal case. It isn't.
Your comprehension of the appropriate legal avenues for this case is poor. The same holds true with regard to the referendum process, though I realize not every state has it and, therefore, it isn't always clear for some.
The shelf life of Prop H8 depends entirely on what the state supreme court rules. Voters cannot just start passing arbitrary amendments at will. Again, polysci 101.
I didn't say the Federal Supreme Court could overturn it. But you're right about a federal case being brought....that's the point.
With regard to the State Supreme Court, they have no standing. Period. They can not overturn prop 8. The Court can only overturn laws and other courts. It must be repealed by another referendum. I don't know how much clearer I can be. Look it up.
The state supreme court can and likely will overturn Prop 8 on sufficient grounds . The state's high court has the sole authority to interpret the state constitution as it is a state matter, not federal. PolySci 101. No federal grounds have been raised in this case.
The CA Supreme Court has no standing to bring any appellate action regarding prop 8. The only thing that can overturn it is another amendment or an action by the SCOTUS. That's it. Nothing else.
I DID THAT! im so proud of my self.
McFlyrawkssocks 2 years ago
I'd get a refund if the referendum and/or judicial process is that confusing for you.
rasaxSF 3 years ago
I've got a degree in Political Science. I don't need another. I'm well acquainted with roles of the various branches of government.
You ask why I keep bringing up the SCOTUS and its role with prop 8. I JUST told you. Others on your side are considering challenging the federal constitutionality with the 14th amendment with "Discrimination" being the cause of action. The only other way is to amend it again....Like prohibition (21st amendment). That's it. Only two ways. Now sit down.
CityOnTheHill 3 years ago
Gurlfriend, you're clearly confusing the scope & role of the federal/state courts. Prop H8 deals with the state constitution. Why you keep yammering on about the SCOTUS is anyone's guess. You have no idea how the referendum process works, like most Prop H8 proponents. Voters cannot use the referendum process to discriminate, which is why anti-miscegenation laws were overturned in CA. You may want to enroll at your local community college for a brush up on basic poly sci.
rasaxSF 3 years ago
Your girlfriends disagree and are crying about the 14th Amendment. The SCOTUS CAN find a State constitution federally unconstitutional. PoliSci 101.
No State or Federal case has been brought to challenge your Constitution, therefore neither Court has standing! If there is NO CASE, there can be no appeal! That's the only kind of case a Supreme Court can hear. An appeal! Voters CAN pass amendments and DID. Nothing unconstitutional about it.
CityOnTheHill 3 years ago
No one, other than you, is making Prop 8 a federal case. It isn't.
Your comprehension of the appropriate legal avenues for this case is poor. The same holds true with regard to the referendum process, though I realize not every state has it and, therefore, it isn't always clear for some.
The shelf life of Prop H8 depends entirely on what the state supreme court rules. Voters cannot just start passing arbitrary amendments at will. Again, polysci 101.
rasaxSF 3 years ago
I didn't say the Federal Supreme Court could overturn it. But you're right about a federal case being brought....that's the point.
With regard to the State Supreme Court, they have no standing. Period. They can not overturn prop 8. The Court can only overturn laws and other courts. It must be repealed by another referendum. I don't know how much clearer I can be. Look it up.
CityOnTheHill 3 years ago
The state supreme court can and likely will overturn Prop 8 on sufficient grounds . The state's high court has the sole authority to interpret the state constitution as it is a state matter, not federal. PolySci 101. No federal grounds have been raised in this case.
rasaxSF 3 years ago
The CA Supreme Court has no standing to bring any appellate action regarding prop 8. The only thing that can overturn it is another amendment or an action by the SCOTUS. That's it. Nothing else.
CityOnTheHill 3 years ago
Love coffee, and crabby without it.
The supreme court dealing that will overturn Prop H8 is here in S.F., not D.C. Did I mention my pumps were cleats and steel toes?
rasaxSF 3 years ago