Posted by Frank Schubert at 12:00 am on May 28, 2009 1 Comment
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