UCI Law School Dean Erwin Chemerinsky held a lunch talk last week about the legal challenges to Proposition 8. Mrs. Tylerh went and was surprised to the see UCI student ballroom filled to capacity for a talk about the details state constitutional law.  An additional surprise was that the legal challenge to rop 8 isn't just political posturing but involves an interesting, little known aspect of California Constitutional Law (more below the fold).    Dean Chemerinski explained that the constitutional challenge to Proposition 8 hinged largely on the distinction between an "amendment" to the Constitution (which is a "less extensive change in one or more provisions"), and a "revision"  (which is a "substantial change to the entire constitution).

An "ammendment" requires a simple-majority plebiscite, whereas a "revision" of the Constitution requires votes of both houses of the Legislature prior to a plebiscite vote. (History of the distinction in the California constitution is defined in this pdf.)    Therefore, if Proposition 8 is an "amendment" then it is likely to stand.  If it is deemed a "revision" then it was improperly proposed.  Chermerinsky explained that there is very little precedent -- only a handful of cases -- and therefore the outcome was hard to predict on legal grounds. He did, however, stress the importance of keeping the issue out of the Federal courts for gay marriage advocates, since it is unlikely that the US Supreme Court, given it's current composition, would find in favor of Marriage Equality.