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06 Nov 2008 07:34 am
The Coming Legal Battle II
A reader forwards an e-mail from a Professor of Law & Women's Studies:
Yesterday's historic victory for Obama was tempered for many of us in the West by what looks like a win for Proposition 8 banning same-sex marriage. But it's not over by a long shot. California actually has two methods for changing its state constitution. Amendments, for relatively minor changes, can be made by majority vote. But revisions, which create major changes, require a 2/3 majority. It's hard to imagine that removing a constitutional right from an entire group of people could be construed as a minor change. So unless the California Supreme Court loses its nerve, it should rule that Prop 8 required a 2/3 majority in order to revise the state constitution, and that failing to do so means the right to marry remains.
Eugene Volokh weighs in on the question. He's skeptical, as am I.
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