A Constitutional Amendment can be overturned? November 20, 2008Posted by neoavatara in Politics.
Tags: California, California Supreme Court, Gay marriage, Proposition 8
The California Supreme Court has expectedly taken cases to challenge the recent Prop. 8 Constitutional Amendment in California banning gay marriage.
First, let me explain my feelings. I personally don’t think marriage is an area the government should get involved at all; whether heterosexual or homosexual. I believe it as a purely religious union, one based on faith and God. And because of that, I am against all laws banning or allowing marriage. So I was generally against Prop. 8.
Now, that said, it is absurd the court can overrule a constitutional amendment.
The state constitution is the highest law of the land in California, barring Federal law. Federal law clearly states that marriage law is based upon state law, so it falls back to California. That said, once a constitutional amendment is approved by voters, it should be the law of the land, barring any procedural mistakes.
If the Supreme Court of California overturns this amendment, that means that the court has no restrictions on its power what so ever. It is separate from the people wholly, and cannot be regulated. That was never meant to be the way the system worked.
I am not in favor of Prop. 8; but in this case, if the California Supreme Court overturns a constitutional amendment, if will be a sad day for jurisprudence.