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Originally Posted by Infinite_Loser
You can't. That's mandated by the U.S. Constitution, and the U.S. Constitution is the supreme law of the land. Gay marriage, on the other hand, is an issue left up to the states to decide, which means that each state's constitution becomes supreme law of the land in each individual case.
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California Constitution
Don't worry, the necessary quote is toward the beginning; Article 1, section 7.
Quote:
Originally Posted by Infinite_Loser
But how can an amendment to the constitution be a breach of the constitution? That's what I'm not understanding here. It makes little sense at all.
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Because it violates the foundation of the document. Like you say above (paraphrasing), if it's mandated already by the constitution in question, you can't. As the CalConstitution already allows for equal rights and equal protection, you cannot simply remove that by vote. Some things are beyond the reach of democracy, and for good reason.
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Originally Posted by Infinite_Loser
And, again with the tyranny of the majority thing. If you don't like it, then maybe you should change the California state constitution so that the majority can't amend it through ballot initiatives and popular vote. Because, until you do, the "right" you're trying to take away from the people of California is explicitly granted by it's constitution.
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Some amendments are lawful, some are not. It's up to the SCOC to determine which is which. So we'll find out tomorrow.