Resolution to overturn Prop 8 passes legislative committee.

[OphidiaPhile]

A legislative committee on Tuesday endorsed legal efforts to overturn California's voter-approved ban on same-sex marriage, as gay rights activists worked the halls of the Capitol to try to get the full Legislature on record as opposing Proposition 8.
After hearing conflicting and often emotional testimony about who deserves the last say on the marriage question, the Assembly Judiciary Committee voted 7-3 in favor of a resolution stating that citizens lacked the authority to put the gay marriage ban directly to voters.
Supporters of the resolution, authored by Assemblyman Tom Ammiano, D-San Francisco, said that because the November measure stripped same-sex couples of a right they already enjoyed, it should have been up to the Legislature to decide whether to submit it to a popular vote. That is the process California has for making significant changes to the state Constitution.


It looks like we now have the Governor, Attorney General, State Legislature and CA Supreme Court all backing an overturning of the controversial proposition.


http://www.mercurynews.com/breakingnews/ci_11723612

 

[The Nihilist]

rad

 

[Beanieboy]

I think it is inevitable. It's not Constitutional. And the US is behind Canada, for crying in the sink..

 

[QuakerOats]

This is awesome news. Now overturn it already!

 

[Sylvanspirits]

Good news.

 

[Gilyon]

I feel conflicted about this actually... I don't feel it's the place of the legislature at this point to do anything about it -- the State Supreme Court should be the one to figure out the legality of it.

 

[The Nihilist]

I feel conflicted about this actually... I don't feel it's the place of the legislature at this point to do anything about it -- the State Supreme Court should be the one to figure out the legality of it.

Especially familiar with CA law, are you?

 

[Gishin]

Excellent news. I am waiting to here the cries from the people who focus on the patriarchy.

 

[Gilyon]

Especially familiar with CA law, are you?

Well, unless CA has some strange backwards separation of powers where it's the legislatures job to interpret law, I was assuming it was the same as every where else in the US.

 

[OphidiaPhile]

Well, unless CA has some strange backwards separation of powers where it's the legislatures job to interpret law, I was assuming it was the same as every where else in the US.

In CA any amendment to the state Constitution that effects civil rights is required to be placed on the ballot by a two thirds vote and prop 8 was not so it is unconstitutional.

 

[ChaliceThunder]

Excellent move by the legislature.
A massive wrong is about to be righted!

 

[Gilyon]

In CA any amendment to the state Constitution that effects civil rights is required to be placed on the ballot by a two thirds vote and prop 8 was not so it is unconstitutional.

I know; it's the job of the judicial branch to say that. <shrug> It's how it works.

 

[Ave Maria]

Truly awesome! Now would they please just go ahead and overturn it! Personally, I'll be glad when gay marriage is legal throughout the United States.

 

[Polycarp_fan]

A legislative committee on Tuesday endorsed legal efforts to overturn California's voter-approved ban on same-sex marriage, as gay rights activists worked the halls of the Capitol to try to get the full Legislature on record as opposing Proposition 8.
After hearing conflicting and often emotional testimony about who deserves the last say on the marriage question, the Assembly Judiciary Committee voted 7-3 in favor of a resolution stating that citizens lacked the authority to put the gay marriage ban directly to voters.
Supporters of the resolution, authored by Assemblyman Tom Ammiano, D-San Francisco, said that because the November measure stripped same-sex couples of a right they already enjoyed, it should have been up to the Legislature to decide whether to submit it to a popular vote. That is the process California has for making significant changes to the state Constitution.


It looks like we now have the Governor, Attorney General, State Legislature and CA Supreme Court all backing an overturning of the controversial proposition.


http://www.mercurynews.com/breakingnews/ci_11723612

Ah yes, the Elites ruling the little people.

So much for Democracy huh?

Ah the Bible's accuracy ever-present.

 

[b&wpac4]

Ah yes, the Elites ruling the little people.

So much for Democracy huh?

Ah the Bible's accuracy ever-present.

Ok, say it with me now:

CONSTITUTIONAL REPUBLIC


We are not, and I would like for you to understand this, NOT a democracy. We are not based on majority rule, but the rule of law.

 

[OphidiaPhile]

Ok, say it with me now:

CONSTITUTIONAL REPUBLIC


We are not, and I would like for you to understand this, NOT a democracy. We are not based on majority rule, but the rule of law.

He will choose not to understand that very simple concept.

 

[Axioma]

Ah yes, the Elites ruling the little people.

So much for Democracy huh?

Ah the Bible's accuracy ever-present.

Yeah, the Bible's all about Democracy, isn't it? Shouldn't you be advocating monarchy as the only godly and godfearing system of government?

 

[Gishin]

He's a deceitful brick wall. You can say all these things all you want, he chooses not to listen and will repeat the same rhetoric like you said nothing at all.

 

[Joachim]

A legislative committee on Tuesday endorsed legal efforts to overturn California's voter-approved ban on same-sex marriage, as gay rights activists worked the halls of the Capitol to try to get the full Legislature on record as opposing Proposition 8.
After hearing conflicting and often emotional testimony about who deserves the last say on the marriage question, the Assembly Judiciary Committee voted 7-3 in favor of a resolution stating that citizens lacked the authority to put the gay marriage ban directly to voters.
Supporters of the resolution, authored by Assemblyman Tom Ammiano, D-San Francisco, said that because the November measure stripped same-sex couples of a right they already enjoyed, it should have been up to the Legislature to decide whether to submit it to a popular vote. That is the process California has for making significant changes to the state Constitution.


It looks like we now have the Governor, Attorney General, State Legislature and CA Supreme Court all backing an overturning of the controversial proposition.


http://www.mercurynews.com/breakingnews/ci_11723612

If you use the legislature to override the will of the people that is a misuse of political power. If you oppose Proposition 8 then do it the right way. I don't live in a referendum state but California is one. If you believe you can overturn it then start passing out your petitions. Surely, if 48% of voters in November voted against passing it then you have enough people to get the signatures to put it on the ballot come next election, and in the next election round minority and lower income turnout will be lower meaning you will have a greater chance of passing it.


I would be careful in celebrating this. If the assembly can establish a precedent here that they can decide what can be decided by referenda then you could see a degredation of the referenda system in California. I blame California for a lot of things, not the least of which being allowing their real estate market to get so out of control that when it finally crashed it took the rest of the country with them. I still admire them for the amount of democracy that is present within the governmental structure of the state specifically through referendums and recall votes because I live in a state where there is no referendum system, there is no recall provision and a state where a decision on whether to build a ditch in one of the areas that does not have home rule (and only a few counties and cities have it) is made by the entire state legislature.


If gay activists want to get rid of Prop 8 they should do it the right way, they should win at the ballot box. Blacks won't be turning out in as great of numbers in 2010 as they did in 2008 and that alone might be enough to repeal it. Why create a bad precedent for the future by using a legislative override when you can simply do it the American way, and dare I say the Californian way in the 2010 elections. Let the people vote.

 

[OphidiaPhile]

If you use the legislature to override the will of the people that is a misuse of political power. If you oppose Proposition 8 then do it the right way. I don't live in a referendum state but California is one. If you believe you can overturn it then start passing out your petitions. Surely, if 48% of voters in November voted against passing it then you have enough people to get the signatures to put it on the ballot come next election, and in the next election round minority and lower income turnout will be lower meaning you will have a greater chance of passing it.


I would be careful in celebrating this. If the assembly can establish a precedent here that they can decide what can be decided by referenda then you could see a degredation of the referenda system in California. I blame California for a lot of things, not the least of which being allowing their real estate market to get so out of control that when it finally crashed it took the rest of the country with them. I still admire them for the amount of democracy that is present within the governmental structure of the state specifically through referendums and recall votes because I live in a state where there is no referendum system, there is no recall provision and a state where a decision on whether to build a ditch in one of the areas that does not have home rule (and only a few counties and cities have it) is made by the entire state legislature.


If gay activists want to get rid of Prop 8 they should do it the right way, they should win at the ballot box. Blacks won't be turning out in as great of numbers in 2010 as they did in 2008 and that alone might be enough to repeal it. Why create a bad precedent for the future by using a legislative override when you can simply do it the American way, and dare I say the Californian way in the 2010 elections. Let the people vote.

It was not put on the ballot legally in the first place, that is what the legislature is stating.