Strauss v. Horton

2009

Venue: CA SC

Facts: Proposition 8 defines marriage as being "between a man and a woman."

Posture: Lots of stuff, probably.

Issue: Is this a permissible change to the CA constitution?

Holding: Yes.

Rule: The initiative process can be used to amend the constitution, but not revise it. This is an amendment.

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.

Dicta: