One more step along the path

[hrj]

Yay for the California State Supreme Court.

Still working on the whole finding-the-woman-of-my-dreams side of the equation.

Comments

[cryptocosm.livejournal.com]

Note that this specifies the statutory initiative process, i.e., ordinary law like Prop. 22 of late and unlamented memory. Constitutional amendments are different - in theory, anything in the constitution can be revoked by amendment. It's a technicality, sure, but lawyers love technicalities.

Depending on how the amendment is worded (and, of course, whether it passes) it could make for interesting results, though. If the constitution is amended merely to say that same-sex couples can't be 'married', then today's decision could be interpreted to require under equal protection that no one be 'married' under state law. Bizarre - but possible. Since the amendment has already been submitted, it can't have been written to anticipate today's decision.

Apart from the marriage issue, however, I find it interesting to note the size of the sledgehammer taken to the mosquito. Sexual orientation as a 'suspect characteristic'? Strict scrutiny? That's powerful stuff, and it's not limited to the case at hand. It's precedent now.

Yes, the rabid homophobes have good reason to be frothing today . . .