Oral Argument Tomorrow on Prop 8 Case
The case largely turns on obscure state constitutional definitions of whether Proposition 8 amounted to a constitutional revision or a constitutional amendment. Eugene Volokh explains the difference between the two and how it effects the outcome. In sum, if it is an amendment then Prop 8 stands. If it is a revision then Prop 8 is invalid because a revision must begin in the legislature, which Prop 8, as a ballot initiative, did not.
The L.A. Times has a preview of tomorrow's oral argument that lays out the case and possible ramifications of the decision. Update: Dale Carpenter finds the issue is a bit closer than Volokh suggests in the above link.