My lady, my lords. The issue was not justifiable because it was political. It was political for two reasons. Reasons. One was that it trespassed on the proper province of the executives, and the other was the lack of judicial or standards. By which it could be determined. I paraphrase of course from the opinion of the assumption and hobbs and another case. Much reference has been made to constitutional principle. Constitutional principle may embracebr legal rules but it may also embrace convention. Convention that is not amenable to enforcement in a court of law. And an example of that was seen in miller one in reference to the convention which was expressed in statute four but nevertheless, remained the convention. In order to proceed under the heading of constitutional principle, there has to be an element of legal content, and if you take the example that was cited by my learned friend, the unison case, there went could clearly identify that the legal right of access to justice and,
Follows on individuals and families couldntntravenes the basic constitutional equivalent to dignity. Abiding purpose of the 14th amendment is to preclude relegating classes of persons to secondtier status. What do you do with the windsor case where the court stressed the federal government a stark deference to states when it comes to matter of domestic relations . States do have primecy over domestic relations except that their laws must respect the Constitutional Rights of persons. Windsor couldnt have been clearer about that. Here we have a whole class of people who are denied the equal right to be able to join in the very extensive Government Institution that provides protection for families. You say join in the institution. The argument on the other side is that theyre seeking to rere redefine the institution. Every definition i looked up prior to about a dozen years ago defined marriage as a unity between a man and a woman as husband and wife. Obviously if you succeed, that core d
It is currently in the House Of Lords court. They are debating to fresh amendments, slightly tweaked amendments to the ones that were rejected a couple of hours ago by the house of commons. There is perhaps a little bit of a sign of movement this evening, the Government Spokesperson suggesting that the afghan scheme, Resettlement Scheme might be reviewed so that some people who have already arrived in the uk and had had their claim rejected, regardless of how they have arrived, could potentially stay in the uk. That amendment put forward by former Labour Defence Secretary des browne. He is saying that he might now not to push that amendment to a vote. We will have to wait and see. The boats due to get under way in the next few minutes or so. Earlier on, there was a small conservative rebellion in the house of commons, and one of the democrat the former Cabinet Minister Sir robert buckland. Why did you vote against the government this evening
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