How can there be an equal protection clause AND an amendment that says a group of people are unequal [View All]

[BattyDem]

I was just thinking about this. I'm not a lawyer and I hope that DUers with knowledge of the law will chime in and explain this to me because I'm confused.

Here's the way I understand it ...

The California constitution has an equal protection clause that clearly states, "... a person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws ..."

Prop. 8 is an amendment that creates an exception to the equal protection clause ... but doesn't that exception undermine the right of equal protection? Wouldn't you have to eliminate the equal protection clause completely before you could begin denying rights to certain groups of people? The amendment contradicts an established right.

I know the original US Constitution did not include rights for African-Americans, but those rights were eventually added and I would think that in the 21st century, legal precedent would make it obvious that the current situation is unconstitutional. Why was Prop. 8 allowed on the ballot on the first place? Shouldn't the initiative itself have been declared unconstitutional before it was even added to the ballot?

What am I missing? :shrug: