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Originally Posted by Infinite_Loser
How was it unconstitutional? Unlike the 2000 ballot initiative which created a law banning same-sex marriages, which was thusly decided to have violated California's equal protection clause, Prop 8 changed the constitution itself. How can a constitutional amendment be unconstitutional?
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Let's say I want to pass a constitutional amendment to change the three branch government to a one branch government, thus negating checks and balances. Should that even appear on the ballot or does that breach one of the fundamental principles of our republic which is clearly spelled out in our Constitution?
Likewise, social equality is spelled out very clearly in the CalConstitution. If the SCOC deems this proposition as in breach of the CalConstitution, it doesn't matter if 90% of the people voted for it, we're not in a direct democracy and we don't allow the tyranny of the majority. We live in a republic with certain principles that should endure regardless of popular opinion.