The people of California spoke clearly on Tuesday. They voted to define marriage as between one man and one woman for a second time. Prop 22 passed in 2000 and now Prop 8 has passed as well.
Multiple commentators that oppose Prop 8 have said that it is not over and that a vote of the people doesn’t matter when rights they consider as fundamental are in question. This is a logical legal argument.
If that is the case then Prop 8 didn’t matter. The existing law was and still is adequate to get them where they want to go in terms of public policy. So then why spend $30 million on Prop 8? If people really believed that then there was absolutely no reason to fight this measure. They should have taken the money spent on TV spots and spent it in legal fees to get to court and have Constitutional rights exercised.
The real story is that the law is not completely on their side. Prop 8 does matter and will shape this debate in a major way.
Further, the proponents of same-sex marriage now have the burden to pass a measure that allows same-sex marriage in our state. That is what they should have had to do in the first place.