Thursday, November 06, 2008
(11-05) 18:16 PST SAN FRANCISCO -- A day after California voters approved a state constitutional ban on same-sex marriage, the incendiary issue returned to the state Supreme Court, where gay and lesbian couples and the city of San Francisco filed lawsuits Wednesday seeking to overturn Proposition 8.
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Three lawsuits were filed directly with the state Supreme Court on Wednesday, seeking orders immediately blocking enforcement of Prop. 8 and ultimately striking it down as a violation of fundamental rights in the California Constitution.
Of course it's unconstitutional. If constitutional amendments were constitutional, you wouldn't need the amendment in the first place. It's sort of like arguing that the 23rd amendment is unconstitutional because it gives electoral votes to DC, which is prohibited by the US Constitution.