Posted by
Playful Walrus on Tuesday, November 16, 2010 4:35:55 PM
I agree that courts should choose the Constitution over a lesser law, even if that law was voted in directly by the people. However, I haven't seen the reason why the California state constitutional amendment voted in as Proposition 8 was found to be in violation of our national Constitution by a federal court. It is Constitutional, moral, practical, and necessary to treat different behaviors and different kinds of associations differently. That is what Prop 8 does.
The 9th Circuit has set a date to hear some arguments about an appeal. Supporters of the amendment will first argue that they have standing to appeal in the first place.