Absolute Anime

Well, as it turns out, a lawsuit has been filed in federal court, arguing that Senate Bill 777, also known as, "The Student Civil Rights Act of 2007" (which has been written mostly by Equality California- a lobbying firm) it is in fact unconstitutional under Art. 1 Sec.1 of the California Constitution, as well as Title 42 of the United States Code, Section 1983.
The case is known as, "California Education Committee v. Brown."

I have to say, I'm surprised that this has been filed in a federal court. Originally when I read the legislation, I knew that it would be challenged but not this quickly. Furthermore, I expected it to have been held in a state court.
The CA Education Committee is going after Governor Arnold Schwarzenegger, Jerry Brown (Attorney General of the State of California), and Jack O'Connell (California Superintendent of Public Instruction).

The Student of Civil Rights Act of 2007 was passed in October by the California State Legislature. This law is to be effective Jan. 1 of 2008. Under this law, students could legally enter any bathroom. In addition, any student, educator, or any other school staff, could sue another student, teacher, etc...on the behalf is a (LGBT) student felt offended in anyway. Now, I see plenty of problems with this. First, CA has a good number of criminals walking around (including pedophiles). Second, students have their own beliefs, just like everyone else. So if one has a disagreement with another, there is an instant lawsuit. Not to mention, the State of California is short on Judges. In fact, in my county, a case could not be heard because no Judge was available (which I remind you is unconstitutional since everyone has the right to a speedy trial).

I'm amazed and excited (if you can't tell already) that this has been challenged. Normally, one must be harmed in order to go to court. This case I think, will be a landmark decision, especially for some activists. California is a leader among the states. And since this is going to federal court, the states would have to adopt the proper laws based on this decision. Well, I'd thought that I would share this with some of you (like KoYue) who live in California. I'm glad that no child, or person, was harmed by this law in order to go to court. However, it doesn't mean that it's over. I'm sure this case will go towards the 9th Circuit Court of Appeals. (The 9th Circuit court is the largest of the 11 courts of appeals. It's also the most "open minded.") In fact, some other circuits had overturned the decision of the 9th circuit.

And if one party isn't happy, it might go to the U.S. Supreme Court. Still, the U.S. Supreme Court could in fact use "stare decisis" (let the decision stand). Not to mention, they must vote for a writ of certiorari (aka writ of cert) to hear the case.