| 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: | |