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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.<br><br>Not a lawyer, just argumentative,<br><br>Keely<br>http://keely-prevailingwinds.blogspot.com/<br><br><br><br><br><hr id="stopSpelling">From: editor@lataheagle.com<br>To: kjajmix1@msn.com; vision2020@moscow.com; thansen@moscow.com<br>Subject: Re: [Vision2020] California Supreme Court to Take Up Gay Marriage<br>Date: Thu, 20 Nov 2008 11:37:44 -0800<br><br>
<div>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. <br></div>
<div><font size="2"></font><font style="background-color: rgb(255, 255, 0);"><em>...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."</em></font><br></div><font size="2"></font>
<div><font size="2">Doesn't a referendum come under "due process"?</font></div>
<div><font size="2"></font><br>--------------------------------------------------<br>From:
"Tom Hansen" <thansen@moscow.com><br>Sent: Thursday, November 20, 2008
11:16 AM<br>To: <editor@lataheagle.com>; <kjajmix1@msn.com>;
<vision2020@moscow.com><br>Subject: Re: [Vision2020] California Supreme
Court to Take Up Gay Marriage<br><br>>>From Article 6 of the US
Constitution -<br>> <br>> "This Constitution, and the Laws of the United
States which shall be made <br>> in Pursuance thereof; and all Treaties made,
or which shall be made, under <br>> the Authority of the United States, shall
be the supreme Law of the Land; <br>> and the Judges in every State shall be
bound thereby, any Thing in the <br>> Constitution or Laws of any State to
the Contrary notwithstanding."<br>> <br>> -------------------<br>>
<br>>>From the 14th Amendment to the US Constitution -<br>> <br>>
"All persons born or naturalized in the United States, and subject to the
<br>> jurisdiction thereof, are citizens of the United States and of the
State <br>> wherein they reside. No State shall make or enforce any law which
shall <br>> abridge the privileges or immunities of citizens of the United
States; nor <br>> shall any State deprive any person of life, liberty, or
property, without <br>> due process of law; nor deny to any person within its
jurisdiction the <br>> equal protection of the laws."<br>> <br>>
-------------------------------------<br>> <br>> Now, which part of the US
Constitution are you struggling with, Kai?<br>> <br>> Tom Hansen<br>>
Moscow,<br>> Idaho<br>> <br>>
---------------------------------------------<br>> This message was sent by
First Step
Internet.<br>>
http://www.fsr.com/<br>> <br>><br>Kai Eiselein<br>Editor, Latah
Eagle</div><br /><hr />Get more done, have more fun, and stay more connected with Windows Mobile®. <a href='http://clk.atdmt.com/MRT/go/119642556/direct/01/' target='_new'>See how.</a></body>
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