California Prop 8 Not Last Word on Gay Marriages

[furrbear]

I was looking for the background on this, but Steve (paddbear) posted this from DailyKos before I put something together.

Even if H8 passes, it ain't over.

From Daily Kos:

California Prop8 not last word on gay marriage
by rwood5628
Wed Nov 05, 2008 at 08:43:27 AM PST

CA Supreme Ct will overturn Prop 8

• rwood5628's diary

Justice George, who wrote the opinion, based on California court precedentand NOT on U.S. Supreme Ct rulings. The case relied upon heavily was from the 40's involving mixed race marriages which stood for the principle that choice of marital partner is a fundamental right that cannot be infringed without without a truly compelling governmental interest.  

Justice George's opinion did not set up a new suspect class based based upon sexual orientation as most commentators seem to assume.  Here's the good part.  There is ample precedent under CA law that alterations of fundamental rights cannot to done with a mere amendment via majority vote of the electorate. This would constitute a "revision" of the CA Constitution would requires 2/3 vote of both Houses of Legislature AND a 2/3 vote by the electorate or alternatively a State Constitutional Convention called by 2/3 vote of both houses.  

It will have to be litigated but we will prevail.

Go read the post as well as the comments. It'll make you feel a bit more optimistic.