One Judge vs 7 million votes

[Platapus]

Originally Posted by Sailor Steve

For the simple reason that, contrary to the belief of some, judges cannot arbitrarily 'legislate from the bench',

you are quite correct, and I apologize for poorly wording my comment. What I meant was that the people proposing Prop 8 should have gotten some guidance from constitutional lawyers on the constitutionality of the proposal before putting it to a public vote.

If the constitutional advisers has said "hmm this is in a gray area constitutionally" then the proposers could have had a chance to modify it, or formally requested a pre-legislative judicial ruling.

[Sailor Steve]

Originally Posted by Platapus

you are quite correct, and I apologize for poorly wording my comment. What I meant was that the people proposing Prop 8 should have gotten some guidance from constitutional lawyers on the constitutionality of the proposal before putting it to a public vote.

If the constitutional advisers has said "hmm this is in a gray area constitutionally" then the proposers could have had a chance to modify it, or formally requested a pre-legislative judicial ruling.

Good point.