UNDERSTANDING THE CALIFORNIA SUPREME COURT’S RULING ON PROP. 8
The California Supreme Court has issued its much anticipated ruling on the validity of Proposition 8, the constitutional amendment defining marriage as being between a man and a woman. The Court, by an overwhelming 6-1 vote, upheld the constitutionality of Proposition 8. Many people view the ruling as being primarily about the wisdom of allowing gay marriage in California. But whether you agree or disagree with gay marriage, the ruling was an important one for those who support the right of voters to initiate laws and challenge governmental decisions.
At the core of the challenge to Proposition 8 was a challenge to California’s initiative process itself. Opponents of Prop 8 argued that this plain-language 14-word amendment constituted an illegal “revision” of the state Constitution that only the Legislature can initiate. Prior Court rulings had defined constitutional revisions to be those proposals that resulted in a fundamental restructuring of governmental power. How, one might wonder, does a 14 word proposal that simply inserts the age-old understanding of the definition of marriage constitute a fundamental restructuring of government? Fortunately, the Supreme… Read More