15 March 2005

Referendums And Their Constitutionality

In the state of California, they have a system in which the political power is expressly given to the people. This allows popular votes to pass laws. Last November, the state by referendum passed a law establishing marriage as that of a union between a man and a woman. In a sense outlawing gay/lesbian marriages. All this being said, yesterday, a Superior Court judge overturned the law by saying that it doesn't provide equal protection under the Constitution of California. However, my research of the California Constitution did not find any provision establishing a legal family unit. But it did find Article I Section 2, which establishes the political power as belonging to the people. Since 1848, California has had a practice under which marriage has been defined as a union between a man and a woman. Until last November, there was no legal grounds for this. So the people of California, by popular vote, established a law reaffirming that practice. So in a sense, since 1848, gay/lesbian couples have lived with the understanding that they could never be married. That lifestyle is a choice and these people have chosen to live with those truths. So, equal protection cannot apply since the practice has never been, to allowed such a union. And the current law has, by popular vote, reflected the collective will of the people. So, should the gay/lesbian community in the future, introduce for consideration by popular vote, a law legalizing gay/lesbian marriage, and it passes, then it will be law. But until such time, the will of the people of California should prevail. And to assert that it shouldn't, in itself is Unconstitutional. That assertion would violate Article I, Section 2 of the Constitution of the state of California. This whole stink is over an effort to extort additional benefits from employers. And to give financial benefits under the tax law, which are designed to assist legally married couples keep more of their earnings. By forcing employers to give benefits to gay/lesbian couples, California would risk losing jobs. Employers will just relocate to states in which these benefits don't have to be paid, or out of the country. So if you are a Californian, let your elected officials know that you wish the will of the people to prevail. Once debate is entered into the public record of the legislature, it becomes something that cannot be ignored. Please help pass the Social Security Reform package. You can help by signing the online petition. This petition will be forwarded to both Senators from your state and urges passage of the President's Reform Package. Get Involved. Because this matters to everyone. http://www.fairtax.org http://www.preservingsocialsecurity.com http://www.blogsforbush.com


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