Small Splashes

It Ain’t Over Yet

Lambda Legal, the ACLU, and the National Center for Lesbian Rights are challenging the legality of the Pop 8 anti-marriage initiative in California, and (at least to a non-lawyer like myself) their argument is compelling:

The California Constitution itself sets out two ways to alter the document that sets the most basic rules about how state government works. Through the initiative process, voters can make relatively small changes to the constitution. But any measure that would change the underlying principles of the constitution must first be approved by the legislature before being submitted to the voters. That didn’t happen with Proposition 8, and that’s why it’s invalid.

Marriage was legalized when the CA Supreme Court decided that marriage was a constitutional right under the equal protection guarantee. I don’t see how ANYBODY can argue that equal protection isn’t a major underlying principle of the California Constitution. Removing a constitutionally protected right from an entire segment of the population is anything but a small change to the Constitution. If the bigots want to do it, I think it sounds like there’s a legitimate argument to be made that they have to go through the legislature first. And that’s good news for anyone who supports equal rights, because this is the same legislature that has already tried to legalize same-sex marriage!

Posted on November 5th, 2008 in Uncategorized




  • Recent Comments

  • Dolphin’s Dock is proudly powered by WordPress

    Original Template design by dolphin ©2008.