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Ah, but California’s Constitution gives voters the right to change the constitution.
So, even if this ban is overturned on some technicality, you cannot say the voters don’t have the right to change the California Constitution, and therefore, the right to ban gay marriages.
Also, whether gay rights is a basic civil right. I doubt that the Supreme Court, for example, would currently declare it a civil right based on the US constitution. And the California supreme court had to basically derive the right out of thin air…which is what caused this ban to be proposed in the first place.
The biggest irony? If obama wasn’t the candidate, it is very likely that the ban would have failed. Law of unintended consequences.
