Originally posted by: Infohawk
Originally posted by: Rainsford
California treats "amendments" and "revisions" to the constitution as separate measures, with the latter having more requirements and being able to change more in the constitution.
They can argue that, but it's a pathetic argument that is not consistent with case law. ("As reiterated in 1978, the court held that a revision referred to a "substantial alteration of the entire constitution, rather than to a less extensive change in one or more of its provisions" (Amador Valley Joint Union High School District v. State Board of Equalization, 22 Cal.3d 208).)" If you look at past revisions you will see that they are complete re-writings of the constitutions. 8 only addresses one issue and this issue is properly the subject of an amendment, not a revision.
My problem with this is that the argument is so weak as to be frivolous. The bottom line is that Californians have now twice expressed their will on this issue. First in a statute, now in the constitution. I doubt the California Supreme Court will buy this argument, but if they do, it will be an egregious case of judicial activisim.
I didn't vote for Prop 8 because I don't feel the need to say gays can't marry,
but I didn't vote no because this summer's court decision was silly in light of other propositions where californians said they didn't want gay marriage.
(And I actually think it would be nice if it required 2/3rds to modify the state constitution, but that's not the case.)