Perhaps they will say that the constitution of California is now self-contradictory.
By definition, it cannot be.
Since it's in the Constitution that marriage is between one man and one woman, that's now the definition of marriage in California. It trumps the earlier decision by the California Supreme Court (the Constitution is the highest law in the State) and renders the previous marriages null and void.
The only hopes are to have the United States Supreme Court rule that the California Constitution contradicts the US Constitution (HIGHLY unlikely) or to repeal the Amendment to the California Constitution (like Prohibition was repealed in the US Constitution).
A State Constitution can grant MORE rights than are found in the US Constitution (for example, California's has an expressed Right to Privacy), but it cannot grant LESS rights. Since there's no right to marriage found in the US Constitution (either express or implied) - the question of Marriage is left to the states (10th Amendment) and the states can do what they wish.
There's only ONE court that can do ANYTHING about this now, and that's SCOTUS. All other avenues are shut down tight due to the fact it's a Constitutional Amendment.
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timeasmymeasure
no subject
Date: 2008-11-05 06:18 pm (UTC)By definition, it cannot be.
Since it's in the Constitution that marriage is between one man and one woman, that's now the definition of marriage in California. It trumps the earlier decision by the California Supreme Court (the Constitution is the highest law in the State) and renders the previous marriages null and void.
The only hopes are to have the United States Supreme Court rule that the California Constitution contradicts the US Constitution (HIGHLY unlikely) or to repeal the Amendment to the California Constitution (like Prohibition was repealed in the US Constitution).
A State Constitution can grant MORE rights than are found in the US Constitution (for example, California's has an expressed Right to Privacy), but it cannot grant LESS rights. Since there's no right to marriage found in the US Constitution (either express or implied) - the question of Marriage is left to the states (10th Amendment) and the states can do what they wish.
There's only ONE court that can do ANYTHING about this now, and that's SCOTUS. All other avenues are shut down tight due to the fact it's a Constitutional Amendment.
Basically - California is SOL.