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bigjon said:
Um... It is in the constitution now.... The would have to repeal the ammendment or the US const would have to be ammended to allow it, therefore superceding the Cali const.

It makes me wonder? If it is in the constitution how can it be unconstitutional... thus the reason why people against Gay marriage wanted an ammendment... The judges cannot mess with the constitution, they just interpet laws by it.

One of the challenges claims that Proposition 8 is actually a revision and not an amendment. If that is the case, then a two-thirds supermajority is required in both the House and Senate of California to pass the revisement. This argument has worked in the past and may work again.