What Does the CA.Constitution Actually Say RE: Gay Marriage?

[romantico]

I keep hearing people talk about how Prop 8 goes against what the state's constitution says. Can someone tell me the exact wording? I have a feeling I will be debating this issue today and would like to know word for word what the state's constitution says about it.Thanks!

[LeftHander]

1. CAs constitution is a nightmare abortion....

Modified over 500 times by public referendum.

[Pacifist Patriot]

2. I've often wondered which one is more convoluted, CA or FL.

Hey, our state constitution dictates the size of holding pens for pregnant sows. Beat that!

[Starry Messenger]

3. It's a little complicated because of the prop system.

(understatement of the year)

wiki actually has the best overviews that I've found to date:

http://en.wikipedia.org/wiki/California_Proposition_8_(2008)

http://en.wikipedia.org/wiki/History_of_marriage_in_California#2008:_California_recognizes_same-sex_marriages

http://en.wikipedia.org/wiki/In_re_Marriage_Cases

[AntiFascist]

4. It would be more relevant to quote what the CA Supreme Court has said...

from the previous marriage ruling, that gays and lesbians are to be considered a suspect class (in other words a protected minority) and marrige is a fundamental right for all. They stressed in yesterday's ruling that Prop 8 does nothing to take away from this, it simply restricts the definition of the word itself, but the rights remain. To many this would seem contradictory. State AG Jerry Brown's argument was that marriage is a fundamental right which falls out from the inalienable rights mentioned in Article 1 Section 1 of the state constitution, therefore, Prop 8 was an unconstitutional amendment. Unfortunately this particular argument did not go well before the state supreme court because it relied on very old case history, and no one seemed able to clearly define an 'inalienable right'.

On edit: you should also take a look, if you have time, at Justice Moreno's dissenting opinion because he basically shoots down the other justices' arguments on the Prop 8 ruling.