Confusion over Prop 8 and the California Supreme Court....

[Fountain79]

Could Californians or perhaps anyone explain to me a little confusion I have about what is going on in California over Prop 8? I understand what the intention of Prop 8 is but I am confused as to what is going on right now. I was under the impression that Prop 8 was a constitutional amendment to the state constitution. That being so how does the California Supreme Court have the power to declare it unconstitutional? Am I missing something? I will admit I am unfamiliar with the state government in California.

[tekisui]

1. The argument is that it was an unconstitutional amendment to the

state constitution. The state constitution says that amendments cannot be made that take away anyone's rights. As these were rights that were previously given, the vote on Prop 8 unconstitutionally took rights away.

That is my understanding.

[SidneyCarton]

2. There are several arguments...

The first is that notwithstanding Prop. 8 being a constitutional amendment, it directly conflicts with the equal-protection clauses of the 14th Amendment, and is thereby in violation of the U.S. Constitution. As such it is inherently unconstitutional and cannot stand.

The second argument, which was focused on in court, was that Prop. 8 was not so much an amendment (which requires a simple majority in referendum to pass) but a revision to the California Constitution, and thereby would require a 2/3 majority to pass.

[petronius]

3. The state constitution lays out a procedure for amendments to the

state constitution. However, it also describes a process for revision, which is a more serious change. Prop 8 was OK as an amendment (legally speaking, not morally) but may not have met the standard, in how it was structured and placed on the ballot, for a revision. So, the court has to decide if this was actually a revision - in which case the ballot proposition itself would have been unconstitutional and the vote would be nullified...

[county worker]

4. Check out this news story

http://www.santamariatimes.com/articles/2009/03/06/ap/us/d96oh7ng0.txt

Calif. high court weighs gay marriage ban

SAN FRANCISCO - The mood was somber among gay rights supporters after a bruising, three-hour hearing before the justices of California's highest court, who expressed considerable skepticism at the idea of overturning the state's voter-approved ban on same-sex marriage.

Thursday's arguments pitted the right of the people to change their constitution against the right to wed. The California Supreme Court's seven justices indicated a wariness to override the will of voters, who approved Proposition 8 in November _ 4 1/2 months after the same court had ruled 4-3 to legalize gay marriage.


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