Ask500

| Login

Will the passage of Prop 8 be found unconstitutional in the California Supreme Court? [see comment for the exact argument] Ask a Question

Will the passage of Prop 8 be found unconstitutional in the California Supreme Court? [see comment for the exact argument]
Click to vote
Yes
No
1 Answers

and by the way, this is the California constitution.... not the U.S.... so all you people thinking "no", i recommend you read up.

Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (See Cal. Const., art. XVIII, sections 1-4.)?

A constitutional revision is a "substantial alteration of the entire constitution rather than to a less extensive change in one or more of its provisions," also requires the prior approval of 2/3 of each house of the California State Legislature". The fact that you removed rights make be argued as a revision because you are taking away rights.

Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

See more in this section: [http://en.wikipedia.org/wiki/Prop_8#Post-election_events]

Also read Senate Resolution 7: [http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sr_7_bill_20081201_introduced.html]

House Resolution 5: [http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0001-0050/hr_5_bill_20081202_introduced.pdf]