News @ ID Louisiana's Constitutional Amendment Declared Unconstutional

Discussion in 'News @ ID' started by Bleys, Oct 5, 2004.

  1. Bleys

    Bleys Phoenix Takes Flight Staff Member

    Louisiana\'s Constitutional Amendment Declared Unconstutional

    I have always seen gay issues as the last step in the civil rights movement. In allowing gay and lesbian partners the basic civil rights most of take for granted - the US would proudly declare that all people are entitled to equal protection under the law.

    Recently Louisiana put the issue of gay marriage before the people of Louisiana asking them to ratify a constitutional amendment to their constitution prohibiting gay marriage or civil unions. The voters overwhelming approved the amendment.

    Now a judge in Louisiana has weighed in on this amendment. What are the ramifications?

    As I prefaced at the beginning of this post, I am very much against any constitutional amendment that discriminates against any group of people.

    But is a constitutional amendment subject to judicial review?
    What does sucha ruling mean for a federal amendment?
    Should our Courts have the power to dictate the content of the constitution?


    Comments - opinions? Tell me what you think.
  2. GradyPhilpott

    GradyPhilpott New Member

    Homosexuals have equal protection under the law and some might argue that hate crimes legislation creates a protected status to homosexuals not enjoyed by ohters.

    Marriage as a socially sanctioned institution is not for those of the same sex. The nuclear family is the foundation of society. Marriage between a man and woman involves vows and legal obligations that foster the families. It's as simple as that.

    The courts do indeed have the right to determine constitutionality of any law and to determine if a constitutional amendment conflicts with existing articles and amendments. Thet's the way the goverment was designed.

    I don't know about the rest
  3. pineappleupsidedown

    pineappleupsidedown Premium Member

    I believe the point of the people of Louisana was that they didnt want gay marriage OR civil unions, since the voting margin was so large.

    If that is so, then the Courts have basically decided that banning same-sex unions is unconstitutional.

    I believe state constitutions are subject to judical review, but not when the judge wants to leave room for other laws...only when the amendment topic is actually declared unconstiutional, not just how the amendment was made.

  4. black hawk

    black hawk Premium Member

    i dont really understand that, but that is the least of my worries. interesting topic tho...