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This is a Gun Fight

seoulbrother:

I’m confused. I thought the the case before the California Supreme Court was against Prop. 8 on the basis that it is discrimination. Instead, if I read it correctly, this is a case about the legal particulars of California State Constitutional law and whether Proposition 8 was an amendment or revision to its constitution.

You read it correctly. Once the constitution is amended, the amendment cannot be challenged as unconstitutional, so the only recourse for opponents of Prop 8 (short of another ballot measure during the next election repealing the amendment) was to claim that the measure was so fundamental that it should have been listed as a revision to the constitution, requiring legislative approval, rather than an amendment, requiring a simple majority vote by the people. (IANAL, etc. etc.)
 
  1. jessabelle2o7 reblogged this from seoulbrother and added:
    Ok, I’ll bite. The issue here does initially center on more than a technicality, but on
  2. biorhythmist reblogged this from seoulbrother and added:
    correctly. Once the constitution...challenged as unconstitutional, so
  3. seoulbrother posted this