Fundamentally, a constitution has two core purposes: 1. To establish the rules for how the government works, and 2. To establish the undeniable rights of the citizens.
Proposition 8 neither establishes rules for how government works and it certainly does not establish undeniable rights. Worse yet, the constitution is now a document that explicitly takes away rights. That is so, so disappointing.
I am not sure if the Supreme Court can rule a State Constitution unconstitutional, but I imagine (and hope) that is where this is headed.
12/19/08 UPDATE: Jerry Brown, the CA state AG, just filed a suit challenging the vote. On the one hand, his argument is right. On the other hand, should a democratic vote be overturned by the courts? Yet another reason why the California initiative process is so screwy.
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