A
State Constitutional Amendment is valid ONLY if it DOES NOT conflict with the
Federal Constitution. See the
Supremacy Clause, Article VI, Paragraph II, United States Constitution.
PRESUMABLY [and I have NOT read the ruling], the 9th Circuit ruled that Prop 8 violates the Equal Protection Clause of the 14th Amendment of the Federal Constitution.
The 14th amendment is suppose to apply the Bill of Rights to the States and guarantee due process of law. Gay marriage is not in the Bill of Rights, and the amendment was paced by plebiscite which is the due process. Therefore...
I forgot. The Federal Judiciary has made itself a Constitutional Convention.