Technicalities Are A Bitch

There is a new and fairly interesting argument in the fight against Proposition 8 in California. Remember those lawsuits that were filed right after the Proposition was accepted by voters? It appears that the major argument in the case is now that the Proposition was a Revision and not an Amendment.

Apparently, in California, it is easier to Amend the constitution than it is to Revise it. A simple majority of voters in a general election can approve an Amendment. But a Revision needs approval of 2/3 of the legislature first, then a majority vote in a general election.

The point here is that an Amendment cannot be overly broad, and the argument is that Proposition 8 was more of a Revision to the Equal Protections clause in the State's Constitution than an Amendment in and of itself. Also, if it is a Revision and not an Amendment, then the proper process was not followed in passing the Proposition, thus it is invalid.

It's a long, convoluted trail, but I hope it works. This is basically the same path the lawyers used to argue for the Marriage Equality of same-sex couples in the California Supreme Court. The argument was that LGBT persons are protected under the Equal Protection, thus they must be allowed to marry.

It's very possible we'll see a ruling on this within a week or two, so be prepared. Until then, get prepared for this Saturday's nationwide protest.