I have news for people who voted Yes on Proposition 8. The California Constitutional amendment is invalid. Here’s why:
in 1959, California ratified the 14th Amendment to the US Constitution. Article 1 states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges (emphasis added) or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
California’s Constitution does allow for amending our Constitution with a simple majority vote. However, it also requires that when two amendments conflict with each other that the amendment with the higher vote wins out over the amendment with the lower vote. Since Proposition 8 passed with only 52.4% it becomes invalid.
I highlighted privileges above because a lot of people seem to be talking about “rights”. In fact, the title of Proposition was listed as “Eliminates Right of Same-Sex Couples to Marry”. However, the 14th Amendment extends FAR beyond mere rights to all privileges. Whether marriage is a right or not is of no consequence. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Proposition 8 is invalid.