BTD, Constitutional amendments can be made by ballot initiative. What's at issue is whether there is a limit to what types of amendment. As I said, case law exists setting precedent that Constitutional rights cannot be eliminated by ballot measure vote. And just because there may (or may not) be conflicting case law does not make it a squishy legal argument, Kevy ... just an argument. The courts will decide.

Thank you!

The whole point of having a constitution is to prevent a simple majority from voting away the rights of a minority on a whim.

Exactly. Which is why I think the legal challenge to any Prop H8 passage will be on very firm ground.

I know, it seems like you can find a poll somewhere, anywhere to support your take on something but this I found interesting:
Source
Honestly, I don't know what to believe. But here's to hoping...

I think the difference is between whether you have an amendment to the constitution or a revision of the constitution. Revisions have to be submitted to the voters by the legislature. Amendments do not. There is certainly case law on what constitutes a revision, but I don't have it at the tip of my tongue.

One would hope that an amendment which takes away a Constitutionally-granted fundamental right of a minority (which normally must be looked at per the In Re Marriage cases under the strict scrutiny standard) would constitute a "revision".

Again... I need to review the case law and see what sorts of examples are out there, because I don't usually delve into that area.

http://www.religioustolerance.org/hommarl8.htm

^^ Some interesting stuff in there.

Just FYI, the last poll shows Prop 8 being defeated 52% to 44%. Great news, and new commercials with the (or a) Superintendent of public schools telling voters about the lies of the Yes on 8 people.

Last night I went to a house party that raised over $4000. (in the raffle I won a Barack Obama shirt, and BJ won a $375 photography session woot woot!). They said that there has been more money raised by the No on 8 people than on any other LGBT issue (I think they said in either CA history or US history). But of course we are being outspent by the Mormons. How they feel SO PASSIONATELY about taking away other people's rights is plain sick to me....

Please everyone, keep telling your friends about this!!

I wonder. If it does pass and it is upheld, I could certainly see the rise of another ballot prop, an amendment that would repeal the prop 8 amendment.

I haven't found one person in my client base who is a Yes on 8 person. I love Long Beach.