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Thank you Justice Carlos R. Moreno, the CA Supreme Courts lone dissenter on Prop 8 [View All]

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book_worm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 03:50 PM
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Thank you Justice Carlos R. Moreno, the CA Supreme Courts lone dissenter on Prop 8
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Justice Carlos R. Moreno, in the lone dissent, warned that today's ruling "places at risk the state constitutional rights of all disfavored majorities."

"It weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority," wrote Moreno, the court's only Democratic appointee.

http://www.latimes.com/news/local/la-me-prop8-decision2...

In my view, the aim of Proposition 8 and all similar initiative measures that seek to alter the California Constitution to deny a fundamental right to a group that has historically been subject to discrimination on the basis of a suspect classification, violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning. Such a change cannot be accomplished through the initiative process by a simple amendment to our Constitution enacted by a bare majority of the voters; it must be accomplished, if at all, by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons. I would therefore hold that Proposition 8 is not a lawful amendment of the California Constitution.

Justice Carlos R Moreno, from the sole dissenting opinion on Prop 8
http://www.miketidmus.com/blog/2009/05/26/the-quotable-...
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