[lbo-talk] Is prop 8 constitutional?

Shane Mage shmage at pipeline.com
Fri Nov 7 06:07:56 PST 2008


On Nov 7, 2008, at 2:08 AM, Mark Bennett wrote:


> Actually, I don't think that the Cal Supreme Court can invalidate a
> ballot
> proposition that amends the state constitution on state constitutional
> grounds. If the full faith and credit clause is inoperative because
> of the
> DOMA, I can't think of any federal constitutional reason to
> invalidate Prop
> 8...

The DOMA is facially unconstitutional, since no statute can make a Constitutional provision "inoperative." And the CSC has every right to decide if Prop 8 is a (permitted) "Amendment" or a (forbidden) "Revision."

Shane Mage


> This cosmos did none of gods or men make, but it
> always was and is and shall be: an everlasting fire,
> kindling in measures and going out in measures."
>
> Herakleitos of Ephesos



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