Monday, February 16, 2004

Complaint against San Francisco to be heard tomorrow
pdf file of complaint
So I was too curious about what the plaintiffs were alleging against SF in the attempt to get a court to halt (via injunction) the same-sex marriages taking place there. There are two seperate court cases, and this complaint is one of them. I don't know where I can find the other off the top of my head, and thank almighty Isis, I'm not a lawyer. So anyway, the complaint, as I read it, says that the plaintiffs (the conservative California "pro-family" (so long as I like that family) group) has a Constitutional right to not live in a state where gay people marry each other. This right is based on Proposition 22, which the voters of California enacted a bit ago. Apparently, they are asserting that when the voters pass a law, the voters then have a constitutional right to have that law be enforced.

I disagree. If the Plaintiff's assertion were so, then all laws passed by voter initiative would automatically raise to the level of a Constitutional provision. Clearly, laws are not equal to or greater than the state Constitution.. Rather, they are subject to the Constitution, and should the two be at odds, the Constitution prevails, and the law is voided, regardless of how it was enacted.

Now this doesn't mean that the conservative groups won't eventually prevail, but certainly their call for an injunction based on the alleged injury to their Constitutional rights to have the law upheld, is bogus.

The proper venus for this lies with the State law enforcement, to wit: the California Attorney General's office. It is up to that office to enforce Proposition 22, and only if they see fit to do so. Certainly, there is no requirement that all laws of the state be enforced to the fullest extent possible. the AG's office could just choose to do nothing about the SF marriages at all, and they would all be valid.

I'm guessing the other case, brought by an Arizona group will have similar luck alleging an imminent injury that the court would have to step in to stop.

Unreal Tournament 2004 amazing! I have not blogged much, because I can't stop playing. The demo is available, and the full version should be out next month.


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