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Author | Topic: Landmark gay marriage trial starts today in California | |||||||||||||||||||
subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
As I write this, same sex marriages in California have resumed.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
The state is represented by CA executive and legislative branch, and neither of those parties picked someone to represent them. The legislative branch in effect did pick someone to represent the state. They drafted a statute that gave the proponent of a ballot initiative the authority to represent the state's interest when the initiative in challenged.
Regardless of what the CA Supreme Court said, it was pretty clear that at best the parties represented part of the electorate, but the electorate is NOT the state. The state is an abstract political entity. No one person could ever represent all the interests of the state all the time. But that's not what's at issue. What's at issue is a constitutional amendment drafted by a small group of dedicated supporters and passed by a majority of voters. The basic purpose served by the standing requirement is to ensure that the person advocating for the position has sufficient interest in the issue to provide zealous and effective advocacy in support of the issue. In the case of a citizen initiative, there's every reason to suppose that the duly elected officials of the state might not have that interest. The very purpose of the citizen initiative is to provide the citizenry a course for changing the law under circumstances where their elected representatives, for whatever reason, will not. To then say that those elected representatives, and only those elected representatives, can adequately represent the state's interests is perverse and irrational. In the abstract, which ultimately is where most laws are written, I can think of no person or group of people who would be better suited to zealously represent the interests of the state, as expressed by a majority of the voting population, than the proponents of the initiative.Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
Well, since the state was the defendant, the lawsuit applies to the whole state, even though it's only a federal district court decision. Another district couldn't decide it a different way because if another suit were filed, it would be dismissed as res judicata.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
...the appellate court upheld Judge Walker's ruling, and the US Supreme Court returned it to the appellate court. Actually, the Supreme Court returned it to the Ninth Circuit with instructions to vacate their opinion. That means that the only opinion left in force is the District Court's. It is exactly as if the appeal had never happened.Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
Perhaps Faith could take her rabid ACLU bashing to another thread and leave this one to the topic of gay marriage.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
You are free to bash anything you like, but please stay on topic in this thread.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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subbie Member (Idle past 1286 days) Posts: 3509 Joined: |
There is months' worth of schadenfreude piling up out there!
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson We see monsters where science shows us windmills. -- Phat It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
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