I think on the whole, we have stopped using 'literal interpretations' and have gone TOO far towards what many feel is the 'spirit' of the words. Again, there are numerous other things out there that fall under this umbrella of an argument.I admittedly havent done alot of research (yet) on it, but I would think, at lease prima facie, that prop 8 violated the Equal Protection Clause of the 14th amendment. A state cant grant rights to one subsection of a group, and deny it to others, simply because the populace finds it morally (or otherwise) reprehensible
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But, the 'equal protection clause' deals with civil rights, not social arrangements. In every question that the court has dealt with the equal protection clause, it's always been applied as a civil rights issue right down to the important Brown case and Brown 2. How do you think such a question ever got put on ballots in states if it was an OBVIOUS violation of the equal protection clause
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How do you think such a question ever got put on ballots in states if it was an OBVIOUS violation of the equal protection clause
I think, at least in California, if you get enough signatures on a petition, you can put anything on a proposition. They have a marijuana legalization issue on a forthcoming proposition despite the fact that its clearly against federal law. Missouri just had a proposition that allows people from that state to opt out of the federal tax penalty for not complying with Obamacare, despite it being against federal law.
So, is same sex marriage a civil rights issue or a social arrangement issue? Be sure not to confuse a civil matter and a civil rights matter. They are 2 different things. This is where this judge believes it is a civil rights issue. There is no statement on which is which. There is no federal government stance on that question. So, it reverts to the states to make decisionsI would argue its a civil right. Well, no. I would argue that the government has no right to define marriage for
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I think, at least in California, if you get enough signatures on a petition, you can put anything on a proposition. They have a marijuana legalization issue on a forthcoming proposition despite the fact that its clearly against federal law. Missouri just had a proposition that allows people from that state to opt out of the federal tax penalty for not complying with Obamacare, despite it being against federal law.
So, is same sex marriage a civil rights issue or a social arrangement issue? Be sure not to confuse a civil matter and a civil rights matter. They are 2 different things. This is where this judge believes it is a civil rights issue. There is no statement on which is which. There is no federal government stance on that question. So, it reverts to the states to make decisionsI would argue its a civil right. Well, no. I would argue that the government has no right to define marriage for ( ... )
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