California Supreme Court Justice Ronald George's ruling that opened up for gay marriage almost five months ago may still be valid even after voters elected to ban gay marriage again in California.

Justice George's ruling was based on the principle that choice of marital partner is a fundamental right that cannot be infringed without a truly compelling governmental interest, The Daily Kos argues.

There is ample precedent under CA law that alterations of fundamental rights cannot to done with a mere amendment via majority vote of the electorate. This would constitute a "revision" of the CA Constitution would requires 2/3 vote of both Houses of Legislature AND a 2/3 vote by the electorate or alternatively a State Constitutional Convention called by 2/3 vote of both houses.

Last update: 11-05-2008 19:12