Legal Question in Constitutional Law in California

Re: Prop 8

Sounds like something constitutional scholars have been debating for a while, now, and something with which the California Supreme Court is grappling.

Re: Prop 8

Because the Supreme Court has not said that those privileges or immunities include the right to marry someone of the same sex. That is why most other states also ban gay marriage. It is also why the case which was argued yesterday in the California Supreme Court involves only the state constitution.

The U.S. Constitution trumps any contrary provision in any state constitution (or in any state, federal or municipal law, rule, regulation, etc.), so you are right that California cannot ban what the U.S. Constitution permits. For now, though, it doesn't permit same-sex marriages.