Prop 8 makes no difference. Did the Citizens of Massachusetts try to amend their constitution to make slavery legal.
Massachusetts is an early example of liberal judges imposing law, and then making the burden on the people to attempt to change the judge's decision. Gay Marriage in Massachusetts happened in exactly this manner.
Did the Citizens of Massachusetts try to amend their constitution to make slavery legal.
A series of slave cases in Massachusetts prior to the constiutional era resulted in a 1790 census report of zero slaves. There was no formal change of law until the 13th Amendment, but it appears no formal change of law was needed, and the people of Massachusetts ended slavery in that state.
Elizabeth Freeman won a freedom suit when the "Massachusetts Supreme Judicial Court ruling, in Freeman's favor, found slavery to be inconsistent with the 1780 Massachusetts State Constitution. Her suit, Brom and Bett v. Ashley (1781), was cited in the Massachusetts Supreme Judicial Court appellate review of Quock Walker's freedom suit. When the court upheld Walker's freedom under the state's constitution, the ruling was considered to have implicitly ended slavery in Massachusetts."
In a 1783 case Quock Walker v. Nathaniel Jennison, the following was in a jury instruction.
…As to the doctrine of slavery and the right of Christians to hold Africans in Perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage—a usage which took its origin from the practice of some of the European nations, and the regulations of British government respecting the then Colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty, which with Heaven (without regard to color, complexion, or shape of noses-features) has inspired all the human race. And upon this ground our Constitution of Government, by which the People of this Commonwealth have solemnly bound themselves, sets out with declaring that all men are born free and equal—and that every subject is entitled to liberty, and to have it guarded by the laws, as well as life and property—and in short is totally repugnant to the idea of being born slaves. This being the case, I think the idea of slavery is inconsistent with our own conduct and Constitution; and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some criminal conduct or given up by personal consent or contract…