this is a great link showing an example of a well formed legal action filed against Prop 8:
ACLU Writ Petition Challenging Prop 8
this link was plucked out of the comments section on the original fluxlife post entitled:
Gay Rights Protest San Francisco Fri Nov 7 2008
one of the salient points in the ACLU overview of their writ petition
(see also: another definition of a writ)
("...WRIT OF MANDATE AND REQUEST FOR IMMEDIATE..."), points to the fact that this legal action that resulted in Prop 8, did not go through the proper channels. a legislative piece of material that affects the core function of the CA state constitution should be evaluated by the CA state legislature before it is voted upon. Therefore, it should not have been put up as a simple referendum or proposition for the people to vote upon with a relatively limited amount of time to review an involved legal document requiring a degree of legal knowledge, additional legal counsel, and more, before being able to make an informed decision upon.
not to mention, Prop 8 affects the core function of
"The Supreme Law of The Land", The U.S. Constitution. therefore, Prop 8 should have been evaluated by the legislature on the federal level as well as the Supreme Court (for opinion at least), the commonwealth of America at large, in addition to the CA state legislature, CA state supreme court, and the CA commonwealth.
the Mormons had some pretty slick lawyers and media experts to be able to slide this piece of work past all the proper legal channels, and subvert everyone's civil rights at the same time! i don't condone what was done by crediting the Mormon legal staff, but this is an example of America caught sleeping at the wheel, myself included. that, and how powerful television commercials can be in shaping some people's thoughts. lots of Mormon trickery, and no treat for civil rights, and the people dually harmed.
the consolation: Prop 8 will be brought down, and hard. The Mormons stand to lose their church's tax exempt status in this, not to mention their gaining a reputation in the history of our nation as attempting to subvert America's civil rights and equality for ALL, the very core principles our country is built upon.
technorati tag(s):
ACLU - fluxlife - Prop 8 - civil rights
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