Well, you are trying to argue on 2 fronts. Sensibles13driver and myself are arguing different points for the most part, but there is a bit of bleedover. I can see how it gets confusing if you try to respond to both of us simultaneously. Perhaps try addressing each argument separately and specifically. Even at the risk of repeating yourself. However, in hopes to bring you some clarification I'll try to sum up my points as best I can. Bear in mind, this does not relate to anyone else's argument. Only the point I have been making and the matters of the issue that relate to my points.OriginalWheelman wrote:TBH you guys have me so damned confused I think I know less about prop 8 now than when we started.
Starting at the beginning, California passed an initiative (Prop 22) that defined marriage as between a man and a woman. This was merely a definition within the law. The Supreme Court deemed that the law was unconstitutional based on the interpretation of the California state constitution. So an initiative was secured to try and change the constitution itself. There are essentially 2 methods for doing this. The more traditional way is to pass it through legislation with at least a 2/3rd's vote and then it must secure 50% of the popular vote. This is required for any amendment that effects a "major" change (revision). "Minor" amendments need only to secure 8% of the voter population's signatures to place an initiative amendment on the ballot and 50% of the popular vote.
In the case of Prop 8, it passed the initiative amendment requirements to effect the change to the constitution. The case is now going to be heard by the CA Supreme Court based on the assertion as to whether or not defining marriage explicitly as between a man and a woman should be defined as a revision or an amendment.
One of the key points in relation to your view is that those that were against Prop 8 tried to have it removed from the ballot through the supreme court. It was rejected, but not by review of any contentions made by either side. It was rejected because the supreme court does not make decisions on laws that aren't voted in. So now the anti-prop 8 group are asking the court to review the case since it falls within protocol and the court agrees to do so.
In a broader scope, certainly, the anti-Prop 8 group pushing this through has an agenda to abolish this amendment. But the methodology used will be purely based on the aspect of whether or not proper process was used to enact the amendment in the first place.
My personal view on that aspect is that while the physical change to the constitution is actually quite small, the intent and impact is quite large. I would think this would be considered a revision. However, the reasoning behind it is certainly grey and could potentially go either way.
As I said though, I think Prop 8 supporters used a poor strategy to approach this. However, I can't blame them as the trend for new voters is that more and more liberal voters are making it to the polls each election while the number of conservative voters are dropping. This means its highly unlikely that they will ever have enough support in the legislation to get the 2/3rds needed to get it on the ballot as a revision. So my impression is they hope to get it secured as an initiative amendment ad do their best to have it enforced through the supreme court and eventually try and keep the constitution the way they would like to see it.
There are essentially two outcomes of this case. If prop 8 is determined to be a revision, then it becomes invalidated as the proper protocol wasn't used to effect the revision. Basically, they lose. It likely won't be brought up as an initiative amendment again as it will likely be struck down again. The other potential outcome is that the supreme court allows Prop 8 to stand as an initiative amendment. In this case, they get a short term win, but as voter trends continue, its only a matter of time before the pro-gay-rights side brings up an initiative amendment to reverse Prop 8 and secures the vote to win (my opinion). And since the polar opposite amendment will have already passed through the supreme court, it would be tough to argue that they can't allow any other such amendments to stand.
Hope this helps. If something doesn't make sense, please ask specifically and I'll try to clarify it.
