Really? I can't really see how it COULD be overturned. It can't be declared unconstitutional; it's an amendment to the California constitution. It would kind of take a ruling of the US Supreme Court to declare it unconstitutional. And I don't really see the make-up of the SCOTUS moving far enough away from the Far Right to make a ruling like that for at least a decade.
If they decide that the change is sufficiently sweeping as to require the more complex procedure for altering the California constitution, they can block Prop H8 on that basis - it's not really finding it "unconstitutional," but people have been calling it that.
That's the only scenario under which the Cali Supremes could overturn it. I'm not a lawyer, so I don't know how likely that is. Is that the question they'll settle in March?
no subject
Date: 2008-11-25 03:03 pm (UTC)Really? I can't really see how it COULD be overturned. It can't be declared unconstitutional; it's an amendment to the California constitution. It would kind of take a ruling of the US Supreme Court to declare it unconstitutional. And I don't really see the make-up of the SCOTUS moving far enough away from the Far Right to make a ruling like that for at least a decade.
no subject
Date: 2008-11-25 04:44 pm (UTC)no subject
Date: 2008-11-26 02:28 am (UTC)