Shame on the California Supreme Court for, by a 6-1 vote, caving. This ruling was entirely expected, of course. It was probably even constitutionally correct, which only reinforces the need we have been discussing for an entirely new constitution.
While the argument that the reversal of a Court-granted right contained in Proposition 8 amounted to a a “revision” rather than an amendment to the constitution always seemed a stretch, its failure to convince the Court reveals the deeper problem: under what model of “good government” can a majority of voters (which might be a quarter or so of registered voters) trump the highest court of the jurisdiction when the issue at hand involves the rights of minority groups?*
There was a time when this state had a reasonably well deserved reputation as progressive. Now it has fallen behind various New England states and Iowa in the most important civil rights issue of the 21st century so far. Indeed, although the Court claims that those marriages performed in the brief era between the first Court ruling and Prop. 8 remain legal, in fact they have been placed in an illogical second-class, and hence potentially vulnerable, position.
* Whereas it takes a two-thirds vote of the legislature to pass a budget.