Is California's anti-marriage equality initiative a revision or an amendment?
May 29, 2008 at 11:13 AM
There is an interesting discussion regarding the legality of the proposed ballot initiative which aims to amend the state constitution banning the recognition of marriages between same-gender families. The California politics blog, Calitics, has an article discussing whether the proposed initiative is an amendment or revision of the constitution.
The decision on "In re marriage cases" by the Supreme Court held that denying marriage equality to same-gender families violated the state's equal protection clause. Given this, some have argued that a constitution amendment which violates this equal protection clause is a revision, not an amendment, to the state constitution. If so, any revision to the constitution must be authorized by a constitutional convention and popular ratification or by legislative submission of the measure to the electorate.
Ballot initiative unlawful, says legal analyst -- Calitics.com
Can an initiative abolish constitutional rights? -- Log Cabin Republicans of California