PROP H8
The NYT correctly calls for the CA Supreme Court to toss it out.
The court has correctly determined that the equal protection clause prohibits governmental discrimination on the basis of sexual orientation, which extends the right of marriage to same-sex couples. But the issue goes well beyond gay rights. Allowing Proposition 8 to stand would greatly limit the court’s ability to uphold the basic rights of all Californians and preclude the Legislature from performing its constitutional duty to weigh such monumental changes before they go to voters.
Treating Proposition 8 as a mere amendment would set a precedent that could allow the rights of any minority group to be diminished by a small majority. The measure passed 52 percent to 48 percent.