Quote:
Originally Posted by Willravel
My hope is that it will be overturned in court.
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My friend mentioned this to me today at lunch, and I'm wondering on what grounds you think it can be overturned. This isn't a law; it's a constitutional amendment. There is no authority I can think of for the CA Supreme Court to overturn it, because there is no binding higher authority that says that it is unconstitutional. The US Supreme Court can't hear it because the decision rests upon independent and adequate state grounds (i.e. the state constitution) and there is no federal authority which would get in the way of it. You can't challenge it on equal protection grounds because homosexuals are not a federally protected class, so it'd just get rational basis review, which it easily passes, especially with this Supreme Court.
I'm as much an opponent of Prop 8 as anyone else, but as far as I can tell, our best strategy is to do as much teaching as we can until the next major election cycle so we can overturn the damn thing. And then the NEXT election cycle, put in an initiative to require a supermajority to amend the state constitution. This simple majority crap to amend is ridiculous.