Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Did the recent California Supreme Court decision rule on the federal constitutionality of Prop. 8?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
 
Aloha Spirit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 12:43 PM
Original message
Poll question: Did the recent California Supreme Court decision rule on the federal constitutionality of Prop. 8?
Here's the court decision, if you want to read it over....
http://www.courtinfo.ca.gov/opinions/documents/S168047.PDF
Printer Friendly | Permalink |  | Top
redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 12:45 PM
Response to Original message
1. deleted
Edited on Wed May-27-09 12:46 PM by redqueen
Printer Friendly | Permalink |  | Top
 
TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 12:54 PM
Response to Original message
2. Of course not. The CA Supremes have no jurisdiction over the Fed constitutionality...
Nor would it be relevant to their job.
Printer Friendly | Permalink |  | Top
 
Aloha Spirit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 01:07 PM
Response to Reply #2
4. Actually, state courts are required to consider both federal and state constitutions when
considering legislation.
Printer Friendly | Permalink |  | Top
 
Aloha Spirit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 12:54 PM
Response to Original message
3. Good job buddies! Everybody got the right answer.
Here's what the court said about yesterday's decision:
The 136-page majority opinion notes at the outset that the court’s role is not to determine whether
Proposition 8 “is wise or sound as a matter of policy or whether we, as individuals believe it should
be a part of the California Constitution,” but rather “is limited to interpreting and applying the
principles and rules embodied in the California Constitution, setting aside our own personal beliefs
and values.”

The opinion further emphasizes that the principal legal issue in this case is entirely distinct from the
issue that was presented in the court’s decision last year in In re Marriage Cases (2008) 43 Cal.4th
757. There, the court was called upon to determine “the validity (or invalidity) of a statutory
provision limiting marriage to a union between a man and a woman under state constitutional
provisions that do not expressly permit or prescribe such a limitation.” In the present case, by
contrast, the principal issue “concerns the scope of the right of the people, under the provisions of
the California Constitution, to change or alter the state Constitution itself through the initiative
process so as to incorporate such a limitation as an explicit section of the state Constitution.”


http://www.courtinfo.ca.gov/presscenter/newsreleases/NR29-09.PDF
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun May 05th 2024, 12:02 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC