[annalex]

So the constitution as amended is unconstitutional??

The legal theory is that Proposition 8 was a rewriting of the CA constitution, rather than amending it, and the process of rewriting is different.

At this point, the legal scholaship keeps saying that it was not a rewriting because it describes and explains the existing constitution as to the meaning of marriage. Jeffrey Toobin of CNN, for example, -- not known for conservatism -- said it is a very long shot to stop Prop 8 with this. But I don't trust them: it could be that they are trying to prevent the religious right from mounting opposition early.

Crooks, all.

[freedomwarrior998]

The legal theory is that Proposition 8 was a rewriting of the CA constitution, rather than amending it, and the process of rewriting is different.

Actually, Brown conceded that Prop 8 was an amendment rather than a revision. He is advancing a far more dangerous argument. He is actually suggesting that certain things can NEVER be amended.