California Schemin' (Continued)

IBD Editorials ^ | December 23, 2008

[Kaslin]

Initiatives: California's attorney general claims Proposition 8's amending of the state constitution is unconstitutional. He says it attempts to "extinguish" a "fundamental" right that has existed for all of seven months.

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If Alice had emerged from Wonderland to marry George Orwell, they might have produced a child named Jerry Brown. In a Dec. 19 press release, AG Brown called on the California Supreme Court to invalidate the recently passed Proposition 8, which banned same-sex marriage, on the grounds that this constitutional amendment is unconstitutional. Got that?

According to Brown, "the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification." Note that California voters were not bringing back slavery. They were simply reaffirming the traditional definition of marriage.

First, the "fundamental right" to same-sex marriage is not explicitly defined in the California Constitution. In May the California high court suddenly said it was there, hidden underneath all those penumbras and emanations.

Citing a 1948 California Supreme Court decision that overturned a ban on interracial marriages, the court struck down the state's 1977 one-man, one-woman marriage law, as well as a similar law, Proposition 22, passed by referendum in 2000 with a 61% majority. It simply stated: "Only marriage between a man and a woman is valid or recognized in California."

[Rummyfan]

Attorney General Moonbeam needs a swift kick in the *ss to remind him whom he’s working for.

[nickcarraway]

Jerry Brown was govervor of California for 8 years and never said anything about this constitutional issue.

[Seruzawa]

Impeach/recall Jerry Brown.

Impeach/recall judges that defy the will of the people.

That’s the only tool left. A few judges thrown out of office will have a salutary effect on the rest.

[ZirconEncrustedTweezers]

Sounds like he’s pandering to a very small but extremelly vociferous minority if you ask me.

[OneWingedShark]

“If Alice had emerged from Wonderland to marry George Orwell”... Yep, that line sums this news up; the world seems to be getting more and more bizarre.

[norton]

Good commentary.

[Foolsgold]

Top Runners for California Governator to replace AHNOLD

• Dianne (notso) Feinstein
• Jerry (Moonbeam) Brown
• Gavin Newsom

[telebob]

The California constitution was ratified in 1879. Gay marriage was a hot topic back then so of course the framers made sure that it was covered. It’s been in there all along.

Got it?

[goldstategop]

Jerry Brown's argument the people of California don't have the right to define marriage in their Constitution is absurd and insults the intelligence. Its absurd because the point of amending a Constitution is to give it clear meaning. Its an insult to the intelligence because marriage is rooted in divine and natural law and throughout history has never been viewed as as a union of two persons of the same sex. Ever. The former Governor Moonbeam apparently thinks his fellow Californians are too stupid to know what they were doing and his opinion is more valid than the 52% who voted for Proposition 8 last month. Why, he doesn't say.

"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

[Between the Lines]

Let me see if I got this straight... In California they actually pay the Attorney General to subvert the people’s will?