06-28-2013, 04:32 AM
Ignoring the content of Prop 8, and looking at only the procedures or events, we have, if I understand it correctly, a situation where the people in a state voted for and passed an amendment to their state constitution. The executive branch declined to enforce it or defend it in court. Those who were instrumental in getting the state amendment passed were found to have no legal standing.
This would appear to set a precedent that the will of the people can be overturned by an indifferent executive branch or by non elected judges. Has this happened before? Is this a legal precedent that makes anyone else uncomfortable?
This would appear to set a precedent that the will of the people can be overturned by an indifferent executive branch or by non elected judges. Has this happened before? Is this a legal precedent that makes anyone else uncomfortable?