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Overturning Prop 8 has a lot to do with Protecting Minority Rights in general...

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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 04:11 PM
Original message
Overturning Prop 8 has a lot to do with Protecting Minority Rights in general...
Edited on Fri Nov-14-08 04:12 PM by AntiFascist
If you don't believe me, then check out the amicus briefs that were filed in support of staying Prop. 8.

One thing that is most distressing about the voters of California supporting Prop. 8 is that California has such a diverse population where racial minorities are beginning to outnumber caucasians and one would think that they would be more concerned about protecting minority rights. Caucasians and women are not exempt from this, either.

According to the Anti-Defamation League, et. al.:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4450307


C. Denying Equal Protection to One Group Undermines the Principles of Equal Protection for All.

Permitting Prop. 8 supporters to forego the revision process would jeopardize the freedom of all California minority groups...In light of the long history of descrimination against many groups in California, including persons of Asian and Pacific Island descent, this Court should not assume that introduction of such measures is far-fetched.


According to the San Francisco Bar Association, et. al. :

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4450307#4451469


II. Proposition 8 Would Alter Radically the Consitutional Principle that Fundamental Rights Must Be Guaranteed to All Individuals

III. Prop. 8 Would Substantially Alter the State Constitutional Scheme, Which Provides that the Judiciary is the Final Arbiter of the Constitutional Guarantees of Equal Protection and Fundamental Rights

...By stripping the courts of the authority to interpret and enforce the Constitution's guarantee of equal protection and fundamental rights, Prop. 8 alters the balance of powers between the branches of government required by the Constitution.


According to UC Law Professors:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4450307#4459480


III. The California Supreme Court Repeatedly Has Exercised Its Core Judicial Function To Protect Vulnerable Minorities, A Function That Would Be Severely Compromised By the Proposed Initiative.

If approved, it would lay the groundwork for depriving minorities by simple amendment to the state's constitution form any right provided to the rest of society. It proposes to eradicate constitutional protection for members of a vulnerable class with respect to a fundamental right. This revolutionary concept is far beyond the boundaries of constitutional checks and balances, and cannot be viewed as a mere "amendment" to the Constitution.


According to 44 CA state legislators:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4440666


B. The Court's Vital Role In Ensuring Equal Protection Is Improperly Eviscerated by Proposition 8

1. The Court Has A Unique Role To Safeguard Equal Protection and Fundamental Rights.

2. Because Proposition 8 Violates the Equal Protection Guarantee and Unfairly Strips Away Fundamental Rights, it is an Invalid Revision of the California Constitution

3... characterization of Proposition 8 as an amendment and not a revision would divest the Legislature of its authority, in accordance with article XVIII, to subject future measures that eliminate fundamental rights of protected minority groups to the legislative process before placing them before the public.

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yardwork Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 04:35 PM
Response to Original message
1. k&r
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 04:37 PM
Response to Original message
2. K&R
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madmadmad Donating Member (368 posts) Send PM | Profile | Ignore Fri Nov-14-08 04:41 PM
Response to Original message
3. absolutely- think of the other goals of the religious right...
this is just a start for them. the passage of prop 8 has re-energized their movement, and they have lots of other rights they'd like to take away. it's just easiest to start with the gays, because they aren't hard to pick on. don't worry- they'll get around to the rest of you.
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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 06:24 PM
Response to Reply #3
6. Exactly, the Bush Admin wanted to trash the Constitution...

why should we allow this process to continue in California?
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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 04:44 PM
Response to Original message
4. I agree with every word in this post. K&R. N/T
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MinneapolisMatt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 04:53 PM
Response to Original message
5. Absolutely.
GLBT rights are only the tip of the iceberg.


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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 08:31 PM
Response to Reply #5
7. And there are other GLBT rights that they can eviscerate easily in the future...

if this is not overturned, like the right to parenting.
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