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Constitutional Law

Jun. 10, 2009

The People's Choice

The Prop. 8 decision overlooks the structural underpinnings of the California Constitution, writes Allen Lanstra.

FORUM COLUMN

By Allen Lanstra

Lost in the discourse surrounding the recent Proposition 8 decision by the California Supreme Court is that the case law on which the majority opinion is based overlooks the structural underpinnings of the California Constitution and, indeed, all state constitutions.

The central legal issue in the case was whether Prop. 8 constituted a "revision" or an "amendment" to the California Constitution. Unlike an amen...

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