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I Blame the Dutch mpoetess
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*Joins the gleespam*
OMFG YAY!

drax

2008-11-05 05:25 am (UTC) (Link)

OMFG!

Our votes COUNTED this year?

*is in euphoric disbelief*

I have no adequate icons!

Edited at 2008-11-05 05:25 am (UTC)

mpoetess

2008-11-05 05:48 am (UTC) (Link)




I am now however obsessively refreshing this page

Edited at 2008-11-05 05:49 am (UTC)

drax

2008-11-05 06:34 am (UTC) (Link)

Took, but I like this one too *points at new icon*

drax

2008-11-05 06:43 am (UTC) (Link)

*looks at link*
Dammit! I can't take any more disappointment today!
Be good, CA!!

trepkos

2008-11-05 02:21 pm (UTC) (Link)

Are these referenda legally binding?
Can the courts overturn them?

mpoetess

2008-11-05 07:03 pm (UTC) (Link)

For the moment they're legally binding, but yes, there is an opportunity for it to be overturned by the courts, and a suit's already being filed. This DailyKos entry gives a good overview of the likely tack they'll take.

Short version: since the original ruling that allowed gay marriage stated that marriage is a fundamental right guaranteed by the California constitution, that right can't be removed by a constitutional amendment. (Which can be approved by a plain majority in the popular vote, as happened with Proposition 8.) It would require a constitutional revision - completely changing the document rather than just adding something on that wasn't covered at all in the original. And a revision can't be done by popular vote - something that big requires a constitutional convention and 2/3 of the legislature to approve it.

So if the suit is won, the court would likely declare that Proposition 8 itself was unconstitutional and therefore not legally binding.

(Deleted comment)

trepkos

2008-11-05 09:28 am (UTC) (Link)

*twirls you till you are sick*