madshutterbug: (c)2009 by Myself (Expostulation)
madshutterbug ([personal profile] madshutterbug) wrote2008-11-06 10:04 am
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Hmm...

Just a thought, which is the higher Law? From the U.S. Constitution:

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Does this, being at a Federal Level, outweigh the rights of the States to so amend their own Constitutions?

[identity profile] beshter.livejournal.com 2008-11-06 05:46 pm (UTC)(link)
Ehhh, it's a hard argument to make, but it can be done. I think in CA they have a similar clause in the state constitution as well, or so they have been saying on the radio. They are using that to fight Prop 8.

Hope they win it, it's not fair to infringe on the rights of others.