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View Diary: Republicans Hate Frivolous Lawsuits, Except Their Own (39 comments)

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  •  The question is..... (0+ / 0-)

    Does the Amendment broaden a power or does it limit a power?

    Back then, it was presumed that the Hawaii Supreme Court was on the verge of legalizing same sex marriage.  Therefore, the Republicans wanted to stick something in the State Constitution that allows the Legislature to overturn a Hawaii Supreme Court decision.

    There is no question in my mind that they were trying to broaden the power of the Legislature and not limit it.

    Knowledge without conscience is the ruination of the soul -- François Rabelais

    by ccyd on Thu Nov 14, 2013 at 10:40:31 AM PST

    [ Parent ]

    •  i would agree with your interpretation. (1+ / 0-)
      Recommended by:

      "Does the Amendment broaden a power or does it limit a power?"

      the intent was clearly to broaden the legislature's power. that said, even had the legislature opted to utilize this broadened scope of authority, by limiting marriage to one male and one female, it would ultimately fail on federal 14A grounds, absent a clear and compelling showing by the state, that it met a specific public interest, and was narrowly enough drawn so as to only meet that public interest. so far, this has never been the case.

      last time I checked, merely being considered icky doesn't qualify.

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