Venue: |
CA SC
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Facts: |
Proposition 8 defines marriage as being "between a man and a woman." |
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Posture: |
Lots of stuff, probably. |
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Issue: |
Is this a permissible change to the CA constitution? |
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Holding: |
Yes. |
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Rule: |
The initiative process can be used to amend the constitution, but not
revise it. This is an amendment. |
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Reasoning: |
This doesn't entirely repeal or abrogate the aspect of a same-sex
coupe's state constitutional right of pivacy and due process.
Nor does it fundamentall alter the meaning and substance of
state constitutional equal protection. I just carves out a
limited exception for the definition of marriage. It doesn't
have a substantial (or even minimal) effect of the governmental
plan or framewor of CA that existed prior to the amendment. |
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Dicta: |
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