Cali folks

Okie Boarder · Ladies Man Joined: 03 Mar 2008 Posts: 10056 City: Edmond

What do you know about this? What's the background to this story?

http://www.latimes.com/news/local/political/la-me-pc-california-jerry-brown-proposition-8-20130628,0,1034288.story

chavez · RIP MHL 04/25/1958 - 01/11/2006

FYI, Schwarzenegger wouldn't defend it either.

The people who "defended" the law never had standing, they were lucky to have any day in court. But they did, and they lost. Brown didn't need to waste taxpayer money defending it.

Okie Boarder · Ladies Man Joined: 03 Mar 2008 Posts: 10056 City: Edmond

So, this already went to court and lost, right? Prop 8 was reviewed by the SC of CA and ruled unconstitutional?

chavez · RIP MHL 04/25/1958 - 01/11/2006

Okie Boarder, prior to P8, the CA SC ruled that laws defining marriage as 1 man 1 woman violated CA's constitution.

When this happened, gay marriage began in CA. Prop 8 was quickly assembled and brought to the ballot. It passed, strangely enough, due to the voter turnout for the Obama v McCain election. Even though many minorities were voting for Obama, they were also a highly religious bunch, and many voted for P8.

Prop 8 was a CA constitutional amendment. So the CA SC couldn't rule it unconstitutional because it literally amended the CA constitution.

This is why it had to go the federal route (as a violation of US Constitution), where is was stricken down as unconstitutional (repeatedly). SCOTUS ruled that the ones defending the law did not have standing, therefore the lower court ruling striking P8 was upheld.

Okie Boarder · Ladies Man Joined: 03 Mar 2008 Posts: 10056 City: Edmond

Gotchya...I thought it had gone the legal route. So, at this point, it is legally struck down and there is no reason any elected official is supposed to defend it, right?

chavez · RIP MHL 04/25/1958 - 01/11/2006

Okie Boarder, correct. It is void and null.

However.

I do believe that if the CA gov or Atty General decided to petition SCOTUS and defend, they would have standing and might be able to tackle it.

I'd put the odds of that somewhere in the neighborhood of "slim" and "hellfugginno".

Okie Boarder · Ladies Man Joined: 03 Mar 2008 Posts: 10056 City: Edmond

chavez · RIP MHL 04/25/1958 - 01/11/2006

Okie Boarder, well then they should also ask the former Gov who wore the R badge who also declined to defend it. A RINO for sure, but still.

I can only guess these same people would complain about wasting taxpayer dollars on dumby wumby things too. I guess defending their religious views would fall in the "intelligent" expenditure category.