Legal Question in Constitutional Law in California

Re: language

You're following the Prop 8 debate, I see. An amendment is something that enhances or clarifies something in the constitution. A revision is something that completely changes the constitution.

In the case of Prop 8, it has been argued in papers filed with the State Supreme Court that Prop 8 constitutes a revision -- it takes away a fundamental right guaranteed by the California Constitution. Therefore, it needs a 2/3 vote by the legislature to send it to the voters or to a constitutional convention. This did not happen.

Proponents of Prop 8 are saying it's only an amendment, because they inserted new matter. They don't account for the conflict they've caused between the fundamental right and their attempt to now deny that same right to certain people.

Another issue that has arisen is the equal protection clause of the California Constitution. There now are about 18,000 couples who have been married since the Supreme Court's decision in May. Will there be two classes of people -- one without rights and one with? What happens to the married folks who had those rights when they married? Does this violate the equal protection clause? The ex post facto law clause? How will the Supreme Court remedy this situation?

Stay tuned.