Reply #31: The problem is California lets their voters amend their constitution with a popular vote. [View All]

[Pithlet]

The California Supreme Court probably isn't going to overturn that, because it's how things are done in CA. If it goes on the ballot, and the voters vote the amendment in, in it goes, no matter how loathsome, as long as it doesn't revise the constitution or contradict it. It's screwed up, but that's how it works. They can't rule it unconstitutional because it's in their constitution now, thanks to prop 8. It's totally screwed up. It's not because they agree with it. Their hands are tied. Federal courts will have to step in now. The only way CSC will probably overturn it now is if they rule that it should never have gone to a vote in the first place because it revises the constitution rather than amends it. Even though it clearly contradicts their Constitution and revises it, It's probably still a longshot because they already shot that down before the initiative even went on the ballot. The CSC allowed it to go forward. I'm really worried, because I see people think that the CSC will easily just overturn this. I think Toobin is right, unfortunately. It doesn't mean we give up, though. California has a screwed up way of doing things, and this is the screwed up result of it, but it can be undone. It just likely won't won't be with a quick flip of the wrist by the CSC. It's going to be a longer, tougher battle than that, thanks to the bigots that voted this in. I really hope I'm wrong. I honestly thought prop 8 would fail to being with, and I was wrong there, so I guess that's why I'm being too cautious here.