Can the will of the people prevail in California?

by **voliny13** » Sat Dec 17, 2011 6:57 pm

Or will the ruling class overturn prop 8?

The attorney-general of California (Jerry Brown) has broken his oath to defend the state's constitution and he has ignored the will of the people in his illegal action regarding Prop 8.

Brown's position helps undermine the people's right to decide an issue that makes such a major change to the Constitution

This member of the ruling elite should be removed from office as ignominiously as possible.
What he did is not only unconstituional, it is un-democratic AND illegal.

by **bellden** » Sat Dec 17, 2011 7:04 pm

Don't worry to much about it. The State Supreme Court won't/can't touch it and Jerry Brown will be thrown out (again) in the next election cycle. Brown was a piss poor Governor (Gov Moonbeam is what we called him) he was a piss poor Mayor and he's a worse AG.

by **thom** » Sat Dec 17, 2011 7:13 pm

looks like the state of Cali has some impeaching to do.

by **jocheved** » Sat Dec 17, 2011 7:15 pm

It'll stay in effect till the next election overturns the inititave

by **sheridan93** » Sat Dec 17, 2011 7:28 pm

Hopefully the will of the people will prevail, otherwise why was a vote held if it's just going to be overruled??

by **dodya** » Sat Dec 17, 2011 7:32 pm

Actually, what is against the Constitution is state sanctioned discrimination toward a minority group. It's called tyranny of the majority and is why many immigrants left Europe and settled here and why the founding fathers made sure to put it in the US Constitution. Your church and your god can disciminate against people all they want, but the state can't do it...legally anyway. It is the Juditiary's job to interpret law and Prop 8 should be overturned. It's discimination, pure and simple.

by **jorel** » Sat Dec 17, 2011 7:36 pm

The function of a constitution is to limit the authority of the majority. If a court determines that prop 8 is contrary to the constitution, then the proposition will be invalid. That is true whether the law is passed by the legislature or by the direct vote of the people.

by **gervaso81** » Sat Dec 17, 2011 7:37 pm

Give it a rest. This jackass has been beaten to death already.

by **nann** » Sat Dec 17, 2011 7:49 pm

An issue as critical as rights shouldn't have been left to the people in the first place. People are idiots.

Same-sex marriage isn't *compulsory* -- voting it down was narrow-minded and selfish.

by **chay** » Sat Dec 17, 2011 7:54 pm

The US is NOT a pure democracy, but a Constitutional Republic. In a pure democracy the majority can run roughshod over the minority without regard for THEIR rights. Were that the case in the US, "Separate but Equal" would still be the law of the land in the deep south.

AG Brown has taken the position that the State Constitution can not be used to deny rights to any citizen absent a compelling reason to the contrary, and there is case law at least in CA to back up his position. In the Prop 8 case it would be hard to prove that there is an overriding need of the state to deny the right to marry based upon the gender preference of the parties since neither the state nor the citizens who object to it are injured in any way.

Given the record of the CA State Supreme Court coming down on the side of the rights of the individual absent any harm to others or the State, my gut tells me that Prop 8 will be overturned as unconstitutional itself. The "will of the people" be damned? Yes, in this case, and rightfully so!

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