How can a constitutional amendment be unconstitutional? Isn’t the the whole point of these plebescites?
The argument is, whether this is a constitutional amendment (that can be voted on solely by the people) or a revision (that requires a vote by 2/3rd of the California legislature).
Now, given that they didn’t stay the decision gives us some hope. After all, if they had stayed the decision, that would seem to indicate that they automatically agreed to Prop 8 opponents. Now, they have till March 8th to bitch and moan about not getting married.
That is my question. The Supremes can only decide if something is constitutional. The PEOPLE just decided that the constitution says that same sex couples can not be legally married. That’s it. Supremes can not change the constitution....only the people can.