[goldstategop]

They can't declare a constitutional amendment unconstitutional. But they can decide its a revision and declare its adoption invalid because it should have been passed in the manner prescribed for a revision. Based on past precedent however, they will say its an amendment and it stands. The gay community is not left without recourse. They can try to persuade voters to repeal it in a future election.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Genoa]

And what makes a revision a revision and not an amendment?

[bone52]

If they declare this a revision they will have effectively eliminated the amending process in the California Constitution because Proposition 8 is about the smallest change that could possibly be made to a constitution.

Also, finding that the amendment was a revision would be a huge step towards the destruction of America as the decision will be neither principled nor colorably allowable under the California Constitution.

[Political Junkie Too]

If the amendment/revision process were not properly followed, then Jerry Brown should not have let it proceed to the ballot in the first place. The fact that he did gives it the legitimacy of proper procedure.

As to what the court might decide, what are their options? Have any hearings been held yet? Have the sides had their opportunity to make their cases yet? Is the court only going to decide to hear it or not, or can they issue a ruling without hearing any arguments for and against?

-PJ