Of course it's not really over California... yeah they passed Prop 8, but CA's laws concerning constitutional amendenments are screwy. There are two ways to Amend the constitution. 1: constitutional amends (like prop 8) that don't change the spirit of the constitution, but change say something like needing a 2/3 majority in the house to pass a budget. Stupid Shit.
Then there is an amendment that changes the actual wording and spirit of the constitution which can only be done in a Con Con and then must be passed by a 2/3 majority by the population of CA. Prop 8 was not this type of amendment.
So essentially the wording of the Supreme Court decision back in July, said that Gays had a fundamental constitutional right to marry. Therefore the SC can actually strike down Prop 8 because it goes against the spirit of the constitution and is the wrong type of Amendment. In other words people, calm down... I don't think that the SC is going to allow it to stand after they just said it was a right. Have faith and be patient... be proactive, send letters, stage peaceful protests... This is by no means the end of marriage equality in the state. Especially since Prop 8 barely passed and the type of amendment needed has to pass a con con... and if it does, there is not enough support in the state to pass a ban by 2/3 majority.
|