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Old 03-05-2009, 03:10 PM   #2
SoCalCoug
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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.
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