Quote:
Originally posted by Colonist
First it is currently against STATE LAW which you neglected to mention. Second, it will soon be against national law once the bill and the amendment that are on the floor RIGHT NOW pass.
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Yes it is against a specific state law. This is being done to accomplish a legal challenge to the CONSTITUTIONALITY of that state law. You have to have a case to fast track to a court judgement of that. IE, Brown Vs Board of Education...
a complaintant who feels that the law is violating their constitutionally protected rights.
from
http://www.leginfo.ca.gov/.const/.article_1
"CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
"CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7. (a) A person may not be deprived of life, liberty, or
property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or official any obligations or responsibilities which exceed those imposed by the Equal Protection Clause of the 14th Amendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. ...
(b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or revoked."
"CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 31. (a) The State shall not discriminate against, or grant
preferential treatment to, any individual or group on the basis of
race, sex, color, ethnicity, or national origin in the operation of
public employment, public education, or public contracting."
These sections alone bring may questions into the fray.