Friday, June 05, 2015
Jacques Coulardeau at Amazon (9)
A Universal Lesson in Constitutional Right
Jacques Coulardeau & Ivan Eve
essay studies the Case of California's Proposition 8 from its adoption by the
voters in November 2008 to the most recent US Supreme Court ruling on June 26,
2013. This essay is essentially centered on the legal and constitutional side
of the case and the arguments dealing with Amendment 14 to the US Supreme
Court, Article III of teh US Constitution, and the concepts of due process of
law, equal protection of the laws, strict scrutiny, standing, all concepts that
should be universal in all legal and judiciary systems in the world. The case
then provides the world with a full demonstration of these judicial human
rights that in fact should define the concept of Habeas Corpus.
case deals with same-sex marriage in California.
The US Supreme Court refused to rule on the constitutionality of Proposition 8.
They vacated and remanded the Federal Court of Appeals, Ninth Circuit's ruling
on the case because the people speaking for the State of California did not have the necessary
standing. That ruling indirectly affirms the ruling of the Federal District Court that had declared
Proposition 8 unconstitutional. Though it does not create a legal void in California, this ruling
encourages the ProtectMarriage organization to start a new round of legal
proceedings in the California Supreme Court.
This long essay would not have been possible if the
first and shorter version had not been encouraged by one of its first readers
“I think your argumentation and logic is good. You
shouldn’t be entering the rest of the discussion, maybe you can quote all the
experts or send back to what was said in a footnote, but it is not your point. You
are following the logic of the legal and constitutional system: Amendment 14,
the Court of Appeals, the Supreme Court. What will happen, we can’t be sure,
but you can project yourself in the future, and you are already doing it, by
saying that the Supreme Court, despite taking a lot of time (which can also be
to get the “temperature,” the mood of the country within the next few months),
is very unlikely to commit itself with such an important issue. And your logic
shows just that . . .
So, in short, your approach is the most valuable as
the case starts in California (and its norms)
and shifts to the federal level (multiple norms): they all thrive under the US Constitution
and Amendment 14.”
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