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Note to the world

Note to the world:

The Prop 8 decision sucks, but it was NOT about denying equal marriage rights. It was about whether or not the state constitution could legally be modified by a simple majority.* That analysis is completely independent of how the court may feel about the issue being modified. Reframing it as "OMG teh CA Supremes hate teh gays!!1!" just makes you look stupid.

So now, California: change it back! And don't let the Mormons make up your minds for you this time!


*Yes, it's stupid for a government to work this way. But this is the same state that voted in the Governator with a plurality in a 20-way election. Sense, it would seem, did not apply when they wrote that Constitution.

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( 5 comments — Leave a comment )
sjo
May. 26th, 2009 08:47 pm (UTC)
Point taken. Still sucks. I am tickled, however, at the idea of Iowa becoming a "gay mecca."

BGB in a little over 2 weeks!
(Deleted comment)
jnanacandra
May. 27th, 2009 01:22 am (UTC)
The thing is that dozens if not more past changes have been made to the constitution in the same way; if they invalidated this one, any if not all of those past ones would be invalid too. Basically it's insanely easy to amend the constitution in CA. One bad amendment, as terrible as it was, doesn't suddenly mean that all of the rest should be overturned; and changing the constitution to make it less easy to amend is not the job of the court.
takwish
May. 27th, 2009 01:08 am (UTC)
Note that it still takes a legislative supermajority to pass a BUDGET here.
spiralsongkat
May. 27th, 2009 06:14 pm (UTC)
Seems like a good, succinct analysis of the situation to me.

Hi, there! Havi Brooks just pointed me in the direction of your wonderful Dragon v. Monkey post. Now I discover that you're on LiveJournal too, and we seem to have some common interests! Is it all right with you if we friend each other?
jnanacandra
May. 27th, 2009 10:51 pm (UTC)
Absolutely! Good to meet you!
( 5 comments — Leave a comment )

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