It's not "Prop 8" any more, it's a part of the California constitution. State courts have to uphold their state constitutions, not void it. Are they going to declare their properly-amended constitution "unconstitutional"?
Plaintiffs should have been laughed out of court, and the groups that successfully amended the state constitution should not be forced to defend itself again against this ridiculous suit.
But "everybody knows" a judge is superior to the state or federal constitution he swore to uphold.
Some learned quite clearly, that after CA's Prop 209 was passed by majority; local governmental bodies declared they were NOT going to obey parts of the state's constitution they, personally, disagreed with. D-Bill Lockyer is quoted saying exactly that, back then.
And in fact, local public entities had to be taken to COURT in order to enforce the State Constitutionality of Proposition 209.
Over. And over again.
Supporters of Prop 8 need to find out where to begin, immediately, sending financial support to in re lawyers defending the state's constitution.
I suspect Barack's people have already decided who will be the legal shadow group of the anti-Prop 8 legal team. Former President Clinton used the Office of Civil Rights Commission as such a shadow support to fight Prop 209. And, BO's line-up appears to be happening quite quickly. It's really just slightly different, tactically, from Bill Clinton's.