Many of us are now familiar with the argument that Prop 8 was ineffective because it purported to amend the California constitution to remove equal protection rights from LGBT people. Such a change is a fundamental restructuring of the California constitution that it has to follow the revision process (instead of the amendment process) of the California Constitution. Otherwise, any minority group could have its equal protection rights stripped away by the majority.
We need to think of other groups whose rights are protected by the California constitution (but not the federal constitution). Then we can point to these groups and show that they would also be subject to mere majoritarian rule in California. Can you help me?
As far as I know, religious, ethnic, racial and other minorities are protected by both the California Constitution AND the US constitution. We need to find one or more groups which are protected by California, but not the US (at least not at the same level). LGBT is one such group. What about other groups?
How about disabled people? How about Native Americans? Does California protect freedom of speech more strongly than the US constitution so that we could strip a certain level of speech away from some group (e.g. Mormons) and the federal laws wouldn't care?
What about national origin, or alienage? I want other minority groups to jump on the wagon with us and write amicus briefs to the court to agree that minority rights should not be put up for a vote.