A Prop 8 challenge for swankers

[innerSpaceman]

I think that lawyer is being awful pessimistic.

The matter is going to go before the very court that said Marriage Rights are a fundamental constitution right. Case law or no, I don't think they'll have much problem determining the vote was an improper revision of the Constitution.

Furthermore, liberal court or no .... courts don't like their jurisdiction being undermined, and this court won't take kindly to this attempted end-run around their historic civil rights ruling.

There may not be guiding precedent, but the California Supreme Court has every motivation and reason to find some way find Proposition 8 a revision and not an amendment ... and thus invalidate it.



This would NOT be a major victory to me. This was much more important than gay marriage rights in California. Just as America once was to the world, California is a beacon of progress and liberty to the rest of the nation. Even while they mock us, they always end up following our lead toward a more enlightened future.

But gay rights by judicial fiat is a far cry from gay rights by the will of the voters. Even if those rights are reaffirmed by the court, it's not the kind of fire that will spread throughout the country.

A great opportunity has been lost.


There were no plans of action voiced at tonight's rally, to the great disappointment of many. I happen to think Goonie's plan to start straight away on a countervailing ballot initiative is the way to go. It shouldn't be too hard to get the necessary signatures to put this on the ballot in 2 years if we strike while the iron is hot.