Romer v. Evans
CARLHAYDEN:
Now lets see,
P1. The Colorado Constitution prohibits granting special rights to any group). as per Emsworth.
P2. The City of Denver did (by ordinance) grant special rights to homosexuals.
P3. The People of the State of Colorado sought to prevent the City of Denver (and other local governments) from granting special rights to homosexuals.
So, why wasn't the Denver ordinance ruled unconstitutional?
Answer, because the Colorado Supreme Court mangeled the law to say that homosexuals are entitled to special rights.
Emsworth:
Quote from: CARLHAYDEN on October 01, 2005, 01:08:29 PM
P1. The Colorado Constitution prohibits granting special rights to any group). as per Emsworth.
Not to any group, but only to homosexuals and bisexuals. There is nothing that prohibits the granting of special rights to heterosexuals.
On a completely separate and unrelated point: the U.S. Supreme Court should not have granted certiorari in this case. In general, I believe that no state should be able to appeal the rulings of its own courts, even if those rulings are based on federal law. In general, it strikes me as somewhat absurd that when two branches of a state government differ, the federal government steps in to decide which is correct.
Of course, private entities should still be allowed to appeal to the Supreme Court.
CARLHAYDEN:
Excuse me, but the Colorado Supreme Court clearly stated that the action by the people to prevent the City of Denver from granting SPECIAL rights to homosexuals was unconstitutional because homosexuals were a group entitled to SPECIAL rights.
IF homosexuals could NOT be granted SPECIAL rights under the Colorado Constitution BEFORE the initiative, then there would have been no need for the measure.
Ergo, the Colorado Supreme Court decided that HOMOSEXUALS were entitled to SPECIAL rights.
Remember that those opposing the measure in court would have the burden of proving that it would somehow diminish their rights.
If, absent the measure, they still would have NOT been entitled to SPECIAL rights, then the challenge would have been moot.
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