An interesting article on whether Prop 8 falls under an amendment requiring only a majority vote (50% + 1) or a revision (2/3’s approval of both houses BEFORE going to voters who must pass with majority vote).
An interesting take and a valid one IMHO even if it appears to be an uphill battle. Hope over and read the article for a better idea.
Hope still lives in this house.
If the 2/3 rule applies and the legislature reverses the amendment I wonder if the Christian fanatics are willing to fund a fight to try and remove all the state legislators who vote against prop 8. I wonder just how much they are willing to fight, especially considering the anger and protests that have been stirred already.
Moby: Thanks for posting that article! …to be a fly on the wall when the Court debates the issue!
Here’s something to chew on:
A lot of the challenge has been based on discrimination against a minority. Is the gay community a legal minority in California?
yes. The CA supreme court has determined gays and lesbians are a suspect class… which means a minority group subject to discrimination.
“yes. The CA supreme court has determined gays and lesbians are a suspect class ”
This is what I am talkin’ about. That statement is TOTALLY false. We can’t make change by using falsehoods.
Not false, here is the legal decision:
http://legalpad.typepad.com/my_weblog/files/S147999.opinion.pdf
“we conclude that
strict scrutiny nonetheless is applicable here because (1) the statutes in question
properly must be understood as classifying or discriminating on the basis of sexual
orientation, a characteristic that we conclude represents like gender, race, and
religion a constitutionally suspect basis upon which to impose differential
treatment”