Comments On: The Morning News by Jen Graves http://slog.thestranger.com/slog/archives/2008/11/20/the_morning_news Comments On: The Morning News by Jen Graves en-us Copyright 2009 The Stranger. All rights reserved. This RSS file is offered to individuals, The Stranger readers, and non-commercial organizations only. Any commercial websites wishing to use this RSS file, please contact The Stranger. webmaster@thestranger.com (The Stranger Webmaster) Mon, 23 Nov 2009 00:00:01 -0800 Mon, 23 Nov 2009 06:45:00 -0800 Foundation http://blogs.law.harvard.edu/tech/rss <![CDATA[Re: The Morning News]]>
the case was originally in court to determine is same sex marriage should be allowed under the california state constitution's equal protection clause. the supreme court decided that denying same-sex couples the right to marry violated the constitutions equal protection clause and, therefore, same-sex marriage was made legal.

now, the issue is back in court, but it cannot return for the same reasons. currently, the case has to do with the mechanism used to change the state's constitution. specifically, the constitution was amended by prop 8 to ban same-sex marriage. the method of amending the constitution by proposition is legal in california. however, california differentiates between amending the constitution and revising pre-exiting portions of the constitution. propositions can only amend the constitution, they cannot revise it (there's a separate legal mechanism for revisions). the case now is arguing that prop 8 did not amend the constitution, rather it revised it. if a same-sex marriage ban is, in fact, a revision, then the prop 8 was illegal.

the important thing to know is that the court will not address the issue of same-sex marriage for the second time. they will instead be deciding this issue of constitutional amendments verses constitutional revisions.

the law is unnessicarily complex.
Posted by A]]> Thu, 20 Nov 2008 12:52:23 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by leek]]> Thu, 20 Nov 2008 12:45:47 -0800 The Stranger <![CDATA[Re: The Morning News]]>
I find it hard to believe that the same court that issued the most pro-gay legal opinion–which included the strict scrutiny requirement for gays and lesbians (for the first time?)–in our nation’s history is gonna allow that same decision to be overturned by a 52% vote. (Famous last words and furiously knocking on wood–heh heh).


Posted by Original Andrew]]> Thu, 20 Nov 2008 11:47:18 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by A]]> Thu, 20 Nov 2008 10:43:48 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by Abby]]> Thu, 20 Nov 2008 10:39:27 -0800 The Stranger <![CDATA[Re: The Morning News]]> @1 That's funny. Yesterday when I saw the news, I asked my wife, "Did you hear about Napolitano?"

She said, "Is she gay?"
Posted by Mike in Renton]]> Thu, 20 Nov 2008 10:35:46 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by Catman]]> Thu, 20 Nov 2008 10:26:25 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by Jen]]> Thu, 20 Nov 2008 10:00:38 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by Thel]]> Thu, 20 Nov 2008 09:37:18 -0800 The Stranger <![CDATA[Re: The Morning News]]> international Transgender Day of Remembr…
Posted by Thel]]> Thu, 20 Nov 2008 09:36:49 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by UC]]> Thu, 20 Nov 2008 09:26:07 -0800 The Stranger <![CDATA[Re: The Morning News]]>
Nate Silver on the other hand… Damn.
Posted by Julie in Chicago]]> Thu, 20 Nov 2008 09:25:48 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by scary tyler moore]]> Thu, 20 Nov 2008 09:18:34 -0800 The Stranger <![CDATA[Re: The Morning News]]> Posted by egg]]> Thu, 20 Nov 2008 09:15:36 -0800 The Stranger