Although it's been mostly under the radar, opponents of Proposition 8 filed a brief on June 20, asking the California Supreme Court to remove the initiative from the November ballot, on the grounds it is not an amendment to the Constitution, but a "revision," which requires a two-thirds vote of the Legislature or a constitutional convention. Will they succeed? It's apparently a long shot, and I have mixed emotions about it. If we thought there was a backlash to the Court after their 4-3 decision creating marriage equality in California, imagine the shrieks from the right if the judges took the decision out of the hands of the people again. I'd like to hope we can defeat Prop 8 on its merits (or lack thereof), but I'd prefer not to have the stress on election night of wondering if my then 11-day old marriage will stand.
Read a bit more here.
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There would also be shrieks from moderates if judges remove the ballot measure on this dubious reasoning.
This stunt can only help to alienate moderates. Moderate voters may not be hostile towards homosexuals; they are hostile to those who would take away their vote- and anti-gay groups will no doubt tell everyone that the gay rights movement wants to take away their vote.
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