It's technical.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Easy - - by judicial fiat, aka, liberal activism.
Better get used to it because this steaming pantload Obama will be making nominations for the next four years.
Hang on, it's going to be a bumpy ride....
2banana wrote: “How can a State Supreme Court find part of that State’s Constitution unconstitutional?????”
Actually it is done often across the country when someone presents a constitutional challenge. Of course just because a constitutional challenge is made doesn’t mean the Sup Crt will agree. I am suprised they didn’t do this before. I have never read the California constitution so God only knows what it says. My guess with all of the propositons they vote on all of the time that the California constitution is easily changed unlike other states and that whoever writes these proposals up for vote keeps them wide open so these attacks can be made.
From the article: “The issue before the court is technical: whether Proposition 8 amounted to a sweeping revision of the state Constitution, which can be put on the ballot only by a two-thirds vote of the Legislature or a constitutional convention, or whether it was a more limited amendment, as its backers contended. Proposition 8 reached the ballot after a petition drive.” That provision is also part of the state constitution. If the court holds rolling back their decision that gay marriage is OK is a sweeping change they can do what they want. A gay marriage ban would never get approval of 2/3s of the California legislature. It would be easier to get 2/3 approval for gay marriage given the liberal tilt of both houses here. Of course if the court wants to make sweeping changes there is no requirement for a 2/3 vote or a constitutional convention. To go back to the status quo anti before their flawed decision shouldn’t be a sweeping change since that’s been the accepted norm since long before the founding of the country let alone the creation of the state of California; but that won’t stop them. All we’d do is run them out of office if they did over turn Prop 8. God alone knows what the opponents will do to them personally and professionally and to their families if they don’t over turn it. Blackmail is probably only the first step in their efforts to get it overturned.