Proposition 8: Starr argues that any right can be taken

Proposition 8: Starr argues that any right can be taken

An interaction between Chief Justice Ronald George and Kenneth Starr, who is defending Proposition 8, gets to the heart of the argument.

Starr argues that voters have an inalienable right to amend the state constitution as they see fit through simple majority vote, inlcuding "things that tug at the equality principle." But George leans in on the question and asks whether, if Proposition 8 had specifically said that homosexuals had no right to form a family relationship or raise children, that still could be done by amendment? Starr replies yes.

George pursues it further, asking if California voters could remove the right to free speech? Starr says yes.

     
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. 2.  (a) Every person may freely speak, write and publish his or
her sentiments on all subjects, being responsible for the abuse of
this right. A law may not restrain or abridge liberty of speech or
press.
   (b) A publisher, editor, reporter, or other person connected with
or employed upon a newspaper, magazine, or other periodical
publication, or by a press association or wire service, or any person
who has been so connected or employed, shall not be adjudged in
contempt by a judicial, legislative, or administrative body, or any
other body having the power to issue subpoenas, for refusing to
disclose the source of any information procured while so connected or
employed for publication in a newspaper, magazine or other
periodical publication, or for refusing to disclose any unpublished
information obtained or prepared in gathering, receiving or
processing of information for communication to the public.
   Nor shall a radio or television news reporter or other person
connected with or employed by a radio or television station, or any
person who has been so connected or employed, be so adjudged in
contempt for refusing to disclose the source of any information
procured while so connected or employed for news or news commentary
purposes on radio or television, or for refusing to disclose any
unpublished information obtained or prepared in gathering, receiving
or processing of information for communication to the public.
   As used in this subdivision, "unpublished information" includes
information not disseminated to the public by the person from whom
disclosure is sought, whether or not related information has been
disseminated and includes, but is not limited to, all notes,
outtakes, photographs, tapes or other data of whatever sort not
itself disseminated to the public through a medium of communication,
whether or not published information based upon or related to such
material has been disseminated