[Vision2020] California Supreme Court to Take Up Gay Marriage

[keely emerinemix]

I'm not a lawyer, but I don't think a referendum is what the Constitution's framers had in mind with "due process."  That would seem to be a function of adjudication.  My understanding is that elections and referenda that seek to change or establish local law with NO constitutional conflict are, and should be, subject to the democratic process.  Challenges to the Constitution, whether they extend rights previously unextended or deny rights that ought to be recognized, shouldn't be subject to majority vote.  The Constitution may in one sense be a "living document," with applications that apply as society evolves, but it isn't itself up for change via the tide of public opinion.  For that, its own safeguard, amendment by the Judicial and Legislative branches of government, seems more than sufficient.

Not a lawyer, just argumentative,

Keely
http://keely-prevailingwinds.blogspot.com/




From: editor at lataheagle.com
To: kjajmix1 at msn.com; vision2020 at moscow.com; thansen at moscow.com
Subject: Re: [Vision2020] California Supreme Court to Take Up Gay Marriage
Date: Thu, 20 Nov 2008 11:37:44 -0800








I'm going to play Devil's advocate for a moment, and to be clear I don't 
give a rip about gay marriage one way or another. Hey, if if gay 
couples want to keep divorce lawyers in business by forking over 
thousands of dollars in fees and spend months going to hearing after hearing 
after hearing, well, welcome to the hetero world. Toss in a child or two and 
becomes even more fun. 

...No State 
shall make or enforce any law which shall  abridge the privileges or 
immunities of citizens of the United States; nor shall any State deprive any 
person of life, liberty, or property, without due process of law; nor deny to 
any person within its jurisdiction the equal protection of the 
laws."

Doesn't a referendum come under "due process"?

--------------------------------------------------
From: 
"Tom Hansen" <thansen at moscow.com>
Sent: Thursday, November 20, 2008 
11:16 AM
To: <editor at lataheagle.com>; <kjajmix1 at msn.com>; 
<vision2020 at moscow.com>
Subject: Re: [Vision2020] California Supreme 
Court to Take Up Gay Marriage

>>From Article 6 of the US 
Constitution -
> 
> "This Constitution, and the Laws of the United 
States which shall be made 
> in Pursuance thereof; and all Treaties made, 
or which shall be made, under 
> the Authority of the United States, shall 
be the supreme Law of the Land; 
> and the Judges in every State shall be 
bound thereby, any Thing in the 
> Constitution or Laws of any State to 
the Contrary notwithstanding."
> 
> -------------------
> 

>>From the 14th Amendment to the US Constitution -
> 
> 
"All persons born or naturalized in the United States, and subject to the 

> jurisdiction thereof, are citizens of the United States and of the 
State 
> wherein they reside. No State shall make or enforce any law which 
shall 
> abridge the privileges or immunities of citizens of the United 
States; nor 
> shall any State deprive any person of life, liberty, or 
property, without 
> due process of law; nor deny to any person within its 
jurisdiction the 
> equal protection of the laws."
> 
> 
-------------------------------------
> 
> Now, which part of the US 
Constitution are you struggling with, Kai?
> 
> Tom Hansen
> 
Moscow,
> Idaho
> 
> 
---------------------------------------------
> This message was sent by 
First Step 
Internet.
>           
http://www.fsr.com/
> 
>
Kai Eiselein
Editor, Latah 
Eagle
_________________________________________________________________
Get more done, have more fun, and stay more connected with Windows Mobile®. 
http://clk.atdmt.com/MRT/go/119642556/direct/01/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20081120/265302e1/attachment.html