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| quote: | Originally posted by DJ Reese
Exactly! The problem is this prop was taking an extreme approach. To change the Cali Constitution! Once changed, its not so easy to change it back. This issue is faaaaaar from over. I think its really just begun. A lawsuit has already been filled because the petitions signed to get prop 8 on the ballot contained different information than what was on the actual prop. They misled people to get the prop voted on, which means it never even should have been on the ballot. And then they misled people to get it passed. I'm telling you, this will not be done until it makes it through the National Supreme Court. Just the tip of the iceberg. |
Doubt it will go anywhere. I don't think there was a need for any misleading information. Compared to all other propositions this contained the most simple and straight-forward text. Less than 10 lines of text really. Very simple argument unless the argument is one of "intent". Does the "intent" of this ammendment violate the inherent ideals of equality set forth in the constitution.
This initiative measure is submitted to the people in accordance with the
provisions of Article II, Section 8, of the California Constitution.
This initiative measure expressly amends the California Constitution by
adding a section thereto; therefore, new provisions proposed to be added are
printed in italic type to indicate that they are new.
SECTION 1. Title
This measure shall be known and may be cited as the “California Marriage
Protection Act.”
SECTION 2. Section 7.5 is added to Article I of the California Constitution,
to read:
SEC. 7.5. Only marriage between a man and a woman is valid or recognized
in California.
That is the entire proposition, see pg. 128 of the Official Voter Information Guide.
http://www.voterguide.sos.ca.gov/te...-laws.pdf#prop8
Here is the text contained in Article II, section 8 of the California Constitution. Pretty straigh-forward.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 8. (a) The initiative is the power of the electors to propose
statutes and amendments to the Constitution and to adopt or reject
them.
(b) An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
(d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
(e) An initiative measure may not include or exclude any political
subdivision of the State from the application or effect of its
provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of that political
subdivision.
(f) An initiative measure may not contain alternative or
cumulative provisions wherein one or more of those provisions would
become law depending upon the casting of a specified percentage of
votes for or against the measure.
http://www.leginfo.ca.gov/.const/.article_2
basically, they would have had to have a petition signed by 8 percent of the total number of voters that voted for all California gubernatorial candidates in the last election. That's a huge number of signatures just to get it on the ballot.
Last edited by CaptKirk on Nov-05-2008 at 21:17
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