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Court says backers can defend gay marriage measure (CA)
San Diego Union Tribune ^ | Nov 17, 2011 | LISA LEFF

Posted on 11/17/2011 12:43:46 PM PST by BAW

The sponsors of ballot propositions can step in to defend their initiatives from legal challenges if the governor and attorney general refuse to do so, California's highest court said Thursday in a precedent-setting ruling that could prove pivotal to the future of the state's same-sex marriage ban and its notoriously vigorous citizens' initiative process.

Responding to a question from a federal appeals court that is considering the constitutionality of the state's voter-approved gay marriage ban, the California Supreme Court said the lawmaking power granted to citizens under the state constitution doesn't end once propositions have been approved or rejected by voters.

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


TOPICS: Breaking News; News/Current Events; US: California
KEYWORDS: california; gay; homonaziagenda; homosexualagenda; nambla; pederastagenda; prop8
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This is good news. Twice Californians have voted against gay marriage, and twice the elected elite of this state have ignored the will of the people. This ruling allows the proponents of Proposition 8 to carry the issue forward.
1 posted on 11/17/2011 12:43:47 PM PST by BAW
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To: BAW

Imagine that.

A court case is allowed to have a defense.

A travesty of justice!

lol.


2 posted on 11/17/2011 12:45:23 PM PST by GeronL (The Right to Life came before the Right to Happiness)
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To: BAW

This is a warning of what the federal government will look like if Obama gets a second term — we are almost there already.
No respect or regard for the law. They do what they want to do....why? Because the people do not fight back.

They bend over and take it. (There is a lot of that in California!)


3 posted on 11/17/2011 12:54:05 PM PST by EagleUSA
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To: BAW

UNANIMOUS! Excellent. Happy day.


4 posted on 11/17/2011 12:58:24 PM PST by Persevero (Homeschooling for Excellence since 1992)
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To: BAW

Maybe we can now get a defense of Proposition 187 (1994 SOS initiative restricted illegal aliens) that Gray Davis refused to defend.


5 posted on 11/17/2011 1:02:49 PM PST by RightGeek (FUBO and the donkey you rode in on)
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To: BAW
The proponents of Proposition 8 will now be able to have legal standing in federal court. I expect the Nine Circus to set aside the trial court's ruling and send it back for a new trial de novo since Proposition 8 backers couldn't defend it in the original proceedings.

The Left is saddened, deeply saddened! But its good news for California voters and the defense of traditional marriage movement. What this means is the trial court has to hear it all over again, not just from state officials who refused to defend Proposition 8 and then issue its ruling. There will be a new hearing in Federal Court on it in the coming year.

6 posted on 11/17/2011 1:06:24 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: BAW

Proposition 187, anyone?


7 posted on 11/17/2011 1:10:22 PM PST by truthkeeper (Vote Against Barack Obama in 2012!)
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To: BAW

8 posted on 11/17/2011 1:14:15 PM PST by South40 (NO RINOS IN 2012!)
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To: BAW

Great. Now it’s time to revisit Prop. 187!!


9 posted on 11/17/2011 1:15:03 PM PST by Politicalmom
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To: Politicalmom

I don’t think it applies to past measures. But state officials who don’t defend future propositions because they don’t like them, the proponents will have that standing in court to defend them.


10 posted on 11/17/2011 1:20:55 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: BAW

Does this prevent the governor or attorney general giving a half assed *wink* *wink* defense for initiatives that they would love to see defeated?


11 posted on 11/17/2011 1:33:19 PM PST by steveo
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12 posted on 11/17/2011 1:33:32 PM PST by DJ MacWoW (America! The wolves are here! What will you do?)
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13 posted on 11/17/2011 1:35:22 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: steveo

What it means is that if the state refuses to defend an initiative, the proponents have the standing to defend it on behalf of the people. If the state doesn’t do its job, like they didn’t do it on Proposition 8, the trial court made its ruling in error. That will now be aside and heard again but the state won’t represent Proposition 8; its original sponsors will and the trial court will have to take their arguments in its defense into consideration as though as the state did defend it.


14 posted on 11/17/2011 1:38:42 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: BAW

this has been settled twice so why the more court actions


15 posted on 11/17/2011 2:05:39 PM PST by manc (Marriage is between one man and one woman. I HATE OUR BIAS LIBERAL CORRUPT MEDIA)
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To: goldstategop

it also means the trial court homosexual judge who heard the case and is now retired will not be hearing the case.


16 posted on 11/17/2011 2:09:53 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: manc
this has been settled twice so why the more court actions

Ahhh, your thought is at the heart of the issue. More court action is required because the will of the people - as expressed in a state wide ballot - was ruled unconstitutional.

California's governor would not defend the case in court.

Today's ruling permits the orignal proponents standing to defend the issue in court. In effect, the original proponents of the proposition will be able to carry the legal challenge and side step the state.

17 posted on 11/17/2011 2:23:19 PM PST by BAW (No Romney.)
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To: BAW

Our overlords are gracious enough to let us give our opinions.

Very nice of them.

They’re still going to say “no”, but at least we get to make our case.


18 posted on 11/17/2011 4:05:32 PM PST by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: manc

this has been settled twice so why the more court actions

Because having one court ruling isn’t enough, they want to have another show trial to simply wave in our faces and say that our stances were completely wrong, once again, that’s how intimidation works, you repeatedly reject someone’s ideas to make them feel discouraged. They also feel they can give a better look to it by giving some right to defense. Again, I will admit that this is my negative gauge kicking in, so forgive the harsh tone, I could be wrong, it may be that they actually felt the ruling was unfair, but either way, this is just one issue where we will never be able to be passive on, because the opposition isn’t doing it either.


19 posted on 11/17/2011 5:00:49 PM PST by Morpheus2009
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To: BAW

The Federal employees have already decided what their going to impose, their just fishing for a chance to do it cause the State of Califorina seems apparently uninterested in obliging.

I anticipate a show trial.


20 posted on 11/17/2011 5:20:43 PM PST by Monorprise
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