Proposition 8

Legal experts are now predicting what should have been obvious all along, and that is the California Supreme Court is likely to uphold Proposition 8, which defines marriage as only between one man and one woman. A court cannot overturn a constitutional amendment; that would twist the entire meaning of what a court is supposed to do.

Courts interpret constitutions; they don't veto amendments or legislate. They can, of course, overturn previous court decisions.

Prop 8 opponents simply have to put in another initiative for a vote to overturn it or expand the definition of marriage. Not that it will pass; I don't think it would, especially given the overreaction of Prop 8 by the GLBT community which pissed off a lot of people.

Snip:

Doug NeJaime, a gay fellow at the Williams Institute, a think-tank for sexual orientation law at the University of California in Los Angeles, said “a clear majority” of the court would rule in favor of Prop 8 because justices weren’t buying the argument that the measure was a qualitative revision to the constitution.

“I think justices were on the same page as to what the court would have to do to get to that point, and I think there’s a disagreement among them as to whether they’re willing to do that,” NeJaime said.

I think there is reason to believe the decision would be unanimous while at the same time validating those marriages having taken place between June and November of last year.