March 04, 2009

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.

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