Prop 8 in California - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

Jeff Lebowski · 03-05-2009, 05:07 PM

Disclaimer: I am not an attorney so this is not my area of expertise.

Sincere question:

We seem to "rallying around the constitution" here. We are talking about the Calif. state constitution, not the US constitution. The US constitution can never be changed in this manner, so it makes senses that the rules would be different. If you believe that state-by-state voter referendums ("referenda"?) that change state constitutions should never be reviewed by the courts, how could the courts ever go about protecting minority rights?

03-05-2009, 05:07 PM	#18
Jeff Lebowski Charon Join Date: Jan 2006 Location: In the heart of darkness (Provo) Posts: 9,564	Disclaimer: I am not an attorney so this is not my area of expertise. Sincere question: We seem to "rallying around the constitution" here. We are talking about the Calif. state constitution, not the US constitution. The US constitution can never be changed in this manner, so it makes senses that the rules would be different. If you believe that state-by-state voter referendums ("referenda"?) that change state constitutions should never be reviewed by the courts, how could the courts ever go about protecting minority rights? __________________ "... the arc of the universe is long but it bends toward justice." Martin Luther King, Jr.