So the constitution as amended is unconstitutional??
I expect this to be reversed. These robed tyrants think of this as a Plessy case. They are lighting a fuse.
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.
Unless your talking about the right to an abortion. That's different ya see.