This is a Win all-around

[erikred]

California Supreme Court overturns gay marriage ban

Hopefully the fundies will fail to get their Amendment through in November, but at least until then, go gay marriage.

Comments

[erikred.livejournal.com]

An excellent question, and one that ultimately boils down to States' rights and the rules of precedence. Since this was a State Supreme Court decision based on the State Constitution, an amendment to that constitution does not need to meet the test for legality under the previous set of laws. It does, however, have to be legal under the Federal Constitution, but since the Federal Constitution allocates decisions concerning marriage to the States, there is no Federal jurisdiction here to consider.

If, however, California were to pass a constitutional amendment legalizing slavery, this would be in direct conflict with the 13th Amendment to the US Constitution and would therefore be invalid.