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Top Court In California Will Review Proposition 8 (New York Times Sounds Disappointed Alert)
New York Times ^ | 11/20/2008 | Jesse McKinley

Posted on 11/19/2008 7:39:55 PM PST by goldstategop

Responding to pleas for legal clarity from those on both sides of the issue, the California Supreme Court said Wednesday that it would take up the case of whether a voter-approved ban on same-sex unions was constitutional.

The court, however, stopped short of suspending the ban, which California voters passed as Proposition 8 two weeks ago after an expensive and hard-fought campaign.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: California
KEYWORDS: 2008election; california; casupremecourt; highprofile; homosexualagenda; jessemckinley; newyorktimes; proposition8; queerlybeloved; samesexmarriage; traditionalmarriage
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The Left is so disappointed tonight. They wanted it gone! So much for all those loud street protests to get Proposition 8 tossed out!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

1 posted on 11/19/2008 7:39:55 PM PST by goldstategop
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To: goldstategop

The refusal to issue a stay is an ominous sign for the gays marching through the streets.


2 posted on 11/19/2008 7:41:51 PM PST by Chet 99
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To: goldstategop

maybe these judges want everyone to cool off, so they decided not to rule right away.

Maybe, just maybe, these judges, even though they imposed homosexual marriage, actually have some respect left for the rule of law, and legal processes. if they were hell bent on imposing homosexual marriage no matter what, they could easily have come out and said that it was an illegal proposition the morning after.

The results of their further review will tell us what we need to know about their procedures.


3 posted on 11/19/2008 7:43:07 PM PST by Dilbert San Diego
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To: goldstategop

This is facetious.

The California constitution provides for ammendment by initiative. There is no reason for the court to hear anything.


4 posted on 11/19/2008 7:43:22 PM PST by editor-surveyor (Obama - not just an empty suit - - A Suit Bomb invading the White House)
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To: editor-surveyor
They do have to settle the question of whether its a revision or an amendment. The fact the opponents didn't get a stay isn't a good sign for them.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

5 posted on 11/19/2008 7:44:53 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Dilbert San Diego

Or maybe it’s a set-up for when they over-rule it, so can they can point to these actions as proof of their “fairness”.


6 posted on 11/19/2008 7:45:17 PM PST by mrsmel (That one is not my president.)
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To: Chet 99

Maybe they want to see if anyone has a good argument as to why a state constitutional amendment, which was reviewed and approved before it got to the ballot, and for which all legal procedures were followed by a free and fair vote of the people, should be thrown out just because the results weren’t to the liking of the politically correct crowd.

If the vote had gone the other way, the gay activists would have hailed the results, scored one for the gay agenda, and praised the people’s vote on this issue. It’s only since it went the “wrong” way that they have scorn for the people’s vote now.


7 posted on 11/19/2008 7:46:31 PM PST by Dilbert San Diego
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To: editor-surveyor

I agree with you, they are probably going to say a simple majority is too low a standard to pass this amendment. Even though only 58% of the Supreme Court of California passed wrote the law.

Florida decided after the signitures were collected to get their amendment on the ballot that 60% was necessary.


8 posted on 11/19/2008 7:47:13 PM PST by TheEaglehasLanded
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To: goldstategop
Correct me if I am wrong, but isn't what they are asking the court to decide, the same thing they asked the court before it went to a vote, and somebody out there changed the language to try to keep it from getting passed? Didn't the court say it was constitutional to go ahead for a vote?
9 posted on 11/19/2008 7:47:50 PM PST by gidget7 (Duncan Hunter-Valley Forge Republican!)
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To: goldstategop

How can a constitutional amendment be unconstitutional? It’s part of the constitution!!


10 posted on 11/19/2008 7:47:50 PM PST by GatorGirl (Don't Blame Me, I Voted McCain!)
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To: Dilbert San Diego

Its called “Black Collar Crime.”


11 posted on 11/19/2008 7:48:08 PM PST by editor-surveyor (Obama - not just an empty suit - - A Suit Bomb invading the White House)
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To: goldstategop

This is BULL. We voted on it TWICE. The people just have absolutely no power at all any more. This is just plain ridiculous.


12 posted on 11/19/2008 7:48:27 PM PST by Hi Heels (Now here at the Rock we have two rules. Rule #1 obey all rules. Rule #2 no writing on the walls...)
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To: TheEaglehasLanded

Actually, the Florida Constitution was amended in the previous election to require a 60% pass threshold as opposed to a simple majority after we embarrassed ourselves with the “pregnant pigs” Amendment.

So the threshold was set before Amendment 2 was proposed. And it still passed.


13 posted on 11/19/2008 7:50:16 PM PST by GatorGirl (Don't Blame Me, I Voted McCain!)
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To: calcowgirl; SierraWasp; Grampa Dave

Ping.


14 posted on 11/19/2008 7:50:35 PM PST by editor-surveyor (Obama - not just an empty suit - - A Suit Bomb invading the White House)
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To: goldstategop

Surprise! Surprise! Queers going through the back door to get their desires met!


15 posted on 11/19/2008 7:50:54 PM PST by TRY ONE (NUKE the unborn gay whales!)
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To: goldstategop

Is it not supposed to work like this? 1) Someone brings a suit and it is decided on fact. 2) The appellate court may then judge the application of law, but not determine fact. 3) Then, the supreme court may review and again judge the application of law, perhaps addressing conflicts between laws. Where is this now? I think step 1 hasn’t occurred.


16 posted on 11/19/2008 7:52:10 PM PST by Tax Government
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To: Hi Heels

As you may note, our term limits ain’t worked out so great either.


17 posted on 11/19/2008 7:52:33 PM PST by Jolla
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To: Dilbert San Diego
Maybe, just maybe, these judges, even though they imposed homosexual marriage, actually have some respect left for the rule of law, and legal processes.

Har!

18 posted on 11/19/2008 7:52:51 PM PST by Rome2000 (Peace is not an option)
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To: Tax Government
An appellate court does NOT try questions of fact. But raised here are questions of law and they need to be resolved.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

19 posted on 11/19/2008 7:54:05 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop; Tax Government

There is no “question of law” this is a contrivance.

The original court decision was deeply flawed too. Not one person had been denied the right to marry; all they were denied was the ability to do something completely different from marriage and still call it marriage.


20 posted on 11/19/2008 7:58:59 PM PST by editor-surveyor (Obama - not just an empty suit - - A Suit Bomb invading the White House)
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