Two Problems with the Prop 8 Decision

I have two related issues with what's going on regarding this amendment.

First of all, what I think is disappointing is that the people couldn't reject this bill themselves. This would have sent a very clear message that we are on a path toward equality. Instead, this must now go to the courts to be struck down. They will either say it is unequal and thus unconstitutional, or that it is a revision and not an amendment and therefore must go through the state legislature. Either way, we sort of lose. Yes we get what we want, but we sort of get it in a roundabout way. I feel that the BEST way to beat this down is to repeal it in 2010.

Secondly, this was a very close election. And this would all be over if California required a supermajority (60%) to pass constitutional amendments. If this goes to the legislature as a revision, it will require 2/3 of the vote to pass as such.

HOWEVER I do not recommend anyone push for a required supermajority yet! If that happened and this went up for repeal in 2010, it will be that much harder to beat it.

Now, I'm not telling California how to conduct its business, but to pass an amendment taking away rights from a group with 52% of the vote hardly seems right.

Two Problems with the Prop 8 Decision