California Proposition 8 (2008 - Ballotpedia)
The California Supreme Court made news recently when it ruled a same-sex marriage ban unconstitutional. Now we have some blowback in the form of Prop 8 (above), which would once again ban the marriages. I was thinking about it, and I thought, "What difference does it make what the majority votes? If the Supreme Court says it's unconstitutional, that's it, right? That's (one of) the point(s) of the [state] Constitution and the SCOTSOC (or whatever), isn't it? To protect the minority from the whims of the majority, when said whim is to take away inalienable liberties? The only thing that could make the ban not unconstitutional would be a constitutional amendment." Yes, I really thought all that, with the parentheticals and everything.
So now I look at the
text wiki of the proposition, and I see that that's exactly what we're voting for. A constitutional amendment. WTF? Is that how it works? The people just vote to amend the constitution? What the hell is the point of the legislature and the supreme court? How does that protect the minority from the majority? Am I missing a step? Does the SCOTSOC get to turn around and say "no" all over again if they feel like it? If so, how long do we keep going around in circles like this?
Lawyer and constitution types, please help. I am confused.
Citizens vote for Constitutional Amendment?
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