Could the California Supreme Court overturn the people’s vote again and declare Proposition 8 unconstitutional?
No. By amending the state Constitution directly, the court cannot declare Proposition 8 to be unconstitutional, as it did with Proposition 22. Proposition 22 added a regular statute to the California Family Code. Regular statutes are a “lower” law than the state Constitution. By adding the language of Proposition 8 to the state Constitution, which is the highest source of law in the state, the California courts would be required to uphold traditional marriage.
