Can Prop 8 be overturned? Yes it can.

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Monday November 10, 2008 · 1:59 PM PST

2008/11/10 · 13:59

Unlike the marriage ban amendments in other states, which for the most part have survived legal challenge (for now), California's Proposition 8 has a very good chance of being overturned by the state Supreme Court.

Of course, all of these bans violate the equal protection clause of the 14th Amendment of the U.S. Constitution, and therefore we know that eventually they will all be overturned. But in almost all cases, we have had no recourse in state law--after all, an amendment to the Constitution can't be ruled unconstitutional, can it?

In the case of California's Proposition 8, yes it can.

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Monday October 13, 2008 · 11:14 AM PDT

2008/10/13 · 11:14

The more we know about 2004, the more we know how wrong the conventional wisdom was and has been: No, Bush didn't win. No, this wasn't a victory of right-wing so-called "values voters". And no, marriage initiatives did not make a difference in the vote.

Kerry pollster Mark Mellman has found that [2004] anti-gay-marriage ballot initiatives didn't boost voter turnout for either party. Moreover, political scientists at MIT found that Bush's share of the 2004 vote increased in most battleground states, but not the three that had gay marriage bans on the ballot. Stephen Ansolabehere, one of the study's authors, concludes that the gay marriage referenda may have given Kerry a bump. "That suggests there might even be some sort of backlash against this kind of politics," he notes.
- from Mother Jones (emphasis added)

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Can Prop 8 be overturned? Yes it can.

the myth about anti-marriage initiatives and 2004