Prop 8 in California
 

http://www.latimes.com/news/local/la...,7225200.story

While I was not a supporter of Prop 8, I am very much against the CA Supreme Court overturning it. To me, that is a kind of judicial activism that negates all common sense.

Essentially declaring a constitutional amendment unconstitutional.

Maybe, it could be argued, it is too easy to change the constitution in CA. Fair enough. Change the way the constitution can be amended in the future.

I would be sympathetic to removing the justices who would vote to overturn the amendment.

The question is whether Prop 8 was a constitutional amendment or a constitutional revision. If it was a revision, the initiative process was the wrong way to get it passed. Thus, not judicial activism to enforce the provisions of the state constitution.

By the way, calling the California Supreme Court "activist judges" is a deception. Chief Justice George, who wrote the opinion in the marriage cases, is actually quite conservative. Although certainly more moderate than Utah judges might be, he is far from a liberal activist judge.

Any time you have a system wherein a simple majority on a referendum can modify the state constitution, the judiciary should review the outcome, IMO. How else are you going to protect the rights of the minority?

Some people can sit in their libraries with their pipes and explain the difference between an amendment and a revision, but to the average person with common sense there is no difference. A change is a change. And there will be hell to pay if they ignore it.

I hope the judges do what they think is right, under law.

I also hope the people hold the judges accountable.

I have said many times before- in today's nomenclature, "judicial activism" means a judge doing something you don't like.

Let's see how many conservative voices decry this court case as judicial activism.

IOW, majority rule trumps everything. Nice.

Gay rights movement is populated by some real fools.

Their tactics turn off people that would otherwise be inclined to support them. Gavin Newsome and his antics in SF. Trying to overturn Prop 8 in the courts.

Garbage. And you accuse me of reductionist nonsense? Heh.

So can SCOTUS rule the 2nd Amendment unconstitutional?

Can a future amendment to the constitution be ruled unconstitutional?

When the rule of law becomes this arbitrary, there is no rule of law.

California is already the shittiest state in the land. Dropping the rule of law will just be the icing on the cake.

I have not studied California's arcane processes, but without looking up the difference I have no idea what the difference between an amendment and a revision is. As long as California wishes to use the referendum process in current form, the justices should respect the voice of the majority as to the governing constitution, the foundational document.