Reply #37: Yes to the first question... [View All]

[AntiFascist]

but the argument is being made on the basis of the state constitution, which has its own equal protection clause. The lawyers don't want to take this to the US Supreme Court.

Prop. 8 was drafted before the CA Marriage Ruling was made, so it did not even anticipate that gays and lesbians were considered a protected class with the fundamental right of marriage. To radically change the state constitution to remove these rights might have been possible if Prop. 8 were a Revision to the Constitution, but it did not go through that route before being put before the voters as a simple amendment which only changed the definition of marriage, thus it is argued that it is invalid.