Originally posted by: Moonbeam
Originally posted by: QuantumPion
How can a constitutional amendment be ruled by the court to be unconstitutional? Isn't that the whole point of amending it? To MAKE IT constitutional?
It's a bit complicated. As far as I know there are three legal attacks on Prop 8. I don't remember 2 of them but one is an attack of the legality of the proposition based on whether it is an amendment to the constitution or a revision. Calif law has two standards for such changes. Amendments via initiative are OK if they are in fact amendments, which have a technical, complex and very vague definition, and need to pass by a majority vote only, whereas revisions, also very complex and vague, but dealing with quantitative and qualitative measurements, need first to pass the legislator by a 2/3rds vote, which Prop 8 did not.
Whether 8 is an amendment or a revision will have to be decided. Technically some argue that amendment has the better chance legally, whereas I would say that from an emotional point of view, the fact that it denies a protected class a right to marry somebody they love, it seems to me to be hideously and obviously revisionist and I hope the court agrees.
There is no principle more clear, intended, and fundamental to being an American than the profound and deliberate intention of our nations Constitution than that it protect the rights of the minority from the tyranny, the bigotry, stupidity, and ignorance of the majority. And just so is the intention of the California constitution. Nothing could be more revisionist than to undo this fundamental and vital principle.