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This issue is at the heart of the petition against enacting Prop8 that was brought before the California Supreme Court. The California Constitution distinguish
by jorgeortiz85 18y ago
This issue is at the heart of the petition against enacting Prop8 that was brought before the California Supreme Court.
The California Constitution distinguishes between "amendments" and "revisions" to the Constitution. Amendments can be used to clarify the Constitution and require a 50%+1 vote. Revisions are necessary for far-reaching changes to the Constitution and need a 2/3 vote in the state Legislature followed by a 50%+1 referendum vote.
The argument is that if mere amendments can be used by the majority to deny civil rights to a minority group, it would render the Equal Protection clause ineffective (a far-reaching change), which would require it to go through a "revision" process and not just an "amendment" process.