Quote:
Originally posted by sgtclub
It says that fed and state courts/law shall not be construed as requiring same rights to gays. It does not say that they are prohibited from doing so. I read this to require the states to take specific action via the legislature (i.e., the people) in order to recognize civil unions, meaning that general provisions regarding marriage/incidents thereof cannot be applied absent specific authority.
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Statutes that prescribe official action (here, we call it the "Government Code") compel officials to do things. Like issue licenses. Statutes require things.
If a local clerk refuses to issue a marriage license, the question is whether a WRIT OF MANDATE can be brought to compel him/her to perform a mandatory duty under the statute. What is the result if the amendment is enacted, Poindexter?
If what you and Burger were saying was true, they would have stopped at "state constitutiton," wouldn't they?
