Prop 8

From Feminist Law Professors:

The ACLU, Lambda Legal, and the National Center for Lesbian Rights have filed a suit challenging the validity of recently passed California Proposition 8. They have asked for enforcement of the ban on same-sex marriages to be stayed pending the resolution of their challenge, which alleges that Proposition 8 is invalid because it is a constitutional revision rather than a constitutional amendment. (N.B.: They describe the difference between a revision and an amendment on p. 15 of their petition as follows: (1) a constitutional amendment “seeks to elaborate or improve upon existing constitutional principles,” while (2) a constitutional revision “seeks to change the ‘underlying principles’ upon which the Constitution is premised.”) As a constitutional revision, they argue, the ban on same-sex marriage cannot be enacted through the initiative process, as it was, but, under the constitution, must be considered and passed by supermajorities of both houses of the legislature prior to being submitted to the voters or to a constitutional convention. Because Proposition 8 did not follow the more deliberative process prescribed for constitutional revisions, they argue that it is invalid.

UPDATE:  I just can’t help but move this up from the comments so you can see just how ignorant certain portions of humanity are:

so your tag teaming with the most non credible people that you can get your hands on…go read the bible maybe someday you will learn the truth…but i doubt it, some people are just to stupid so let me explain it to you…marriage is by def. ONE MAN and ONE WOMAN…get over it you have no rights…live with it!

     by unknown November 8, 2008 at 8:56 pm edit comment