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Reply #2: Agree including GLBT rights. Put them all beyond a simple majority of votes so minorities are [View All]

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-02-09 04:27 PM
Response to Reply #1
2. Agree including GLBT rights. Put them all beyond a simple majority of votes so minorities are
protected.

The recent decision on Prop 8 by CA's Supreme court puts mockery to "inalienable rights".
The natural-law jurisprudence reflected in passages from the few early judicial opinions relied upon by the Attorney General has been discredited for many years, and, in any event, no decision suggests that when a constitution has been explicitly amended to modify a constitutional right (including a right identified in the Constitution as “inalienable”), the amendment may be found unconstitutional on the ground that it conflicts with some implicit or extraconstitutional limitation that is to be framed and enforced by the judiciary. Although the amending provisions of a constitution can expressly place some subjects or portions of the constitution off-limits to the amending process — as already noted, some state constitutions contain just such explicit limits — the California Constitution contains no such restraints. This court would radically depart from the well-established limits of the judicial function were it to engraft such a restriction onto the Constitution in the absence of an explicit constitutional provision limiting the amendment power.

When does an "inalienable right" become an "alienable right", when CA's court says so.

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