And we only have 9 more Lego sets to build. Oy. Good thing I took the week off.
"We've got 3 stopped up sinks, 2 sick kids, and a bro-ken washing machine!"I kid you not, she actually called me to say that. And well, to be precise, it was 6 days before Christmas. When does the 12 days of Christmas start anyway? 12 days before? 12 days starting on Christmas? I suppose I could just google that and find out, huh?
"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," Brown said.
The authors of the state Constitution, he said, did not intend "to put a group's right to enjoy liberty to a popular vote."
"It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative," he said in an interview Friday night. "Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote."
Asked about his change of position, Brown said Friday evening that since his initial comments the day after the election, he and senior lawyers in his office had looked closely at the court's precedents and at the recent marriage ruling and concluded they couldn't defend Prop. 8.
"We have a conflict between the amendment power (through voter initiatives) and the duty of the Supreme Court to protect minorities and safeguard liberty," Brown said.
Fundamental rights in the state Constitution, including the right to marry that the state's high court has recognized, "become a dead letter if they can just be amended" by popular vote, Brown said.
Sophie: Mama, you know how girls can drive straight with their knees, and no hands?
Sophie: Can boys do that?
Me: Yes. Girls and boys can pretty much do all the same things.
Sophie: Except girls are tougher than boys.
Me: Yes. Yes they are.
Sophie: There are just three things that make girls and boys different.
Me: Oh yeah, what are they?
Sophie: One, girls are tougher than boys. Second, their privates are different. And third, one is a girl and the other is a boy. See, three things.
Me: Yes, exactly right.
GM reported a net loss of $2.5 billion or $4.45 per share for the third quarter, blah blah blah.... reflecting dramatic sales declines across the industry driven by unstable market conditions, instability in the credit markets and dramatic retraction in consumer demand, blah blah blah....Then, this from Chevron's 3rd quarter earnings announcement:
HOUSTON (AP) -- Chevron Corp. said Friday its third-quarter profit more
than doubled on the back of record crude prices, blah, blah, blah.... The San Ramon, Calif.-based company, the second-largest U.S. oil company, said it made $7.89 billion, or $3.85 a share, in the three months ended Sept. 30, blah, blah, blah.... Revenue shot up 43% to $78.87 billion from $55.2 billion.
“To sin by silence when they should protest makes cowards of men.” - Abraham Lincoln
“All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate would be oppression.” - Thomas Jefferson
"Democracy is not the law of the majority but the protection of the minority." - Albert Camus
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
"Give to every human being every right that you claim for yourself." - Robert Ingersoll
Ladies, Ladies, Ladies -It's a long and lonely roadBe a flirt!Unbutton your shirt!"B" cups rock!
Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass (11/5/2008)
SAN FRANCISCO – The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court today urging the court to invalidate Proposition 8 if it passes. The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution's core commitment to equality for everyone by eliminating a fundamental right from just one group – lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.
The California Constitution itself sets out two ways to alter the document that sets the most basic rules about how state government works. Through the initiative process, voters can make relatively small changes to the constitution. But any measure that would change the underlying principles of the constitution must first be approved by the legislature before being submitted to the voters. That didn't happen with Proposition 8, and that's why it's invalid.
"If the voters approved an initiative that took the right to free speech away from women, but not from men, everyone would agree that such a measure conflicts with the basic ideals of equality enshrined in our constitution. Proposition 8 suffers from the same flaw – it removes a protected constitutional right – here, the right to marry – not from all Californians, but just from one group of us," said Jenny Pizer, a staff attorney with Lambda Legal. "That's too big a change in the principles of our constitution to be made just by a bare majority of voters."
"A major purpose of the constitution is to protect minorities from majorities. Because changing that principle is a fundamental change to the organizing principles of the constitution itself, only the legislature can initiate such revisions to the constitution," added Elizabeth Gill, a staff attorney with the ACLU of Northern California.
The groups filed the lawsuit today in the California Supreme Court on behalf of Equality California and 6 same-sex couples who did not marry before Tuesday's election but would like to be able to marry now.
The groups filed a writ petition in the California Supreme Court before the elections presenting similar arguments because they believed the initiative should not have appeared on the ballot, but the court dismissed that petition without addressing its merits. That earlier order is not precedent here.
"Historically, courts are reluctant to get involved in disputes if they can avoid doing so," said Shannon Minter, Legal Director of NCLR. "It is not uncommon for the court to wait to see what happens at the polls before considering these legal arguments. However, now that Proposition 8 may pass, the courts will have to weigh in and we believe they will agree that Proposition 8 should never have been on the ballot in the first place."
This would not be the first time the court has struck down an improper voter initiative. In 1990, the court stuck down an initiative that would have added a provision to the California Constitution stating that the "Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States." That measure was invalid because it improperly attempted to strip California's courts of their role as independent interpreters of the state's constitution.
In a statement issued earlier today, the groups stated their conviction, which is shared by the California Attorney General, that the state must continue to honor the marriages of the 18,000 lesbian and gay couples who have already married in California.
Why do you want to take away my rights?
How will taking away my rights protect your marriage? Really? How do my rights impact your marriage?I'm actually glad that at that moment Laura sent me to the car for something (a jacket?). She didn't know I was talking to them, it was just coincidence. The man wouldn't answer me. Wouldn't say anything at all. I went to the car, retrieved the necessary item and came back. From that point forward, I decided it was better if I ignored them.
We are in a statistical tie. This will come down to a handful of votes. Think Florida, year 2000, hanging chads, 300 some-odd votes turning the tide of a national election and, as we well know, history. For this reason, at this point, EVERY SINGLE VOTE COUNTS. Everything you can do to ensure this message gets to every possible California voter in your reach MATTERS.
Laura: "Hi Honey, guess what?"
Laura: "You're a bossy gay!"
Me: "Yeah, yeah, what did I do now?"
Laura: "No, no. Not a bossy gay. Well, yes, you are a bossy gay. But today, you're also Bossy's gay!"
Me: "What?? Really? Wow! I'm practically bloggy famous. I'd better win that Halloween potluck competition now!!"