You know... Im very much glad California decided to ban gay marriage. I mean... We've all seen the horrible mess it made in Massachusetts. What with the constant lightning bolts and shit that have been happening on a daily basis
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Prop 8 isn't simply a law; it's an amendment to the state constitution.
SCOTUS doesn't have authority to change state constitutions. Section 2 of Article Three of the the United States Constitution specifically limits SCOTUS' role in this regard. I'm not a lawyer, though. My hope is that some lawyers far more clever than I figure out how to undo this.
if the SCOTUS rules that prop 8 is a violation of the federal constitution then yes, I believe it could be overridden pretty trivially - that whole 'equal protection under the law' thing.
at least, I really hope that's the way it'll pan out
Yeah. One of my friends summed up my feelings as well in her 'diamonds and coal' post: "Coal mine on FIRE for FL and CA's likely bans on same sex marriage. What the hell, people? At least FL is full of old people, but what's your excuse, CA? God. God."
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SCOTUS doesn't have authority to change state constitutions. Section 2 of Article Three of the the United States Constitution specifically limits SCOTUS' role in this regard. I'm not a lawyer, though. My hope is that some lawyers far more clever than I figure out how to undo this.
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at least, I really hope that's the way it'll pan out
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