Court Reax

So many temptations now that the CA Supreme Court has upheld prop 8. The emotional response is the easiest, and perhaps the most satisfying: lash out at Republicans, mega-churches, Jesus worshippers, Karl Rove, Bakersfield, Orange County, folks who voted Obama and Yes on 8. Emotionally driven, rage-filled reactions are absolutely my favorite kind of reaction.

In our anger, though, we should try to keep a calm, a focus. The question before the court was about law, interpretation of law. Is prop 8 valid? Said the court:

In considering this question, it is essential to keep in mind that the provisions of the California Constitution governing the procedures by which that Constitution may be amended are very different from the more familiar provisions of the United States Constitution relating to the means by which the federal Constitution may be amended. The federal Constitution provides that an amendment to that Constitution may be proposed either by two-thirds of both houses of Congress or by a convention called on the application of two-thirds of the state legislatures, and requires, in either instance, that any proposed amendment be ratified by the legislatures of (or by conventions held in) three-fourths of the states. In contrast, the California Constitution provides that an amendment to that Constitution may be proposed either by two-thirds of the membership of each house of the Legislature or by an initiative petition signed by voters numbering at least 8 percent of the total votes cast for all candidates for Governor in the last gubernatorial election, and further specifies that, once an amendment is proposed by either means, the amendment becomes part of the state Constitution if it is approved by a simple majority of the voters who cast votes on the measure at a statewide election.

It seems clear that the justices found as they should, as the law here makes clear. The rage, then, should be at the folks or organized and passed prop 8, and the efforts should be towards repealing which, if history is any guide, will happen sooner than any of us think.


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