Overturning Prop. 8 on the Ballot?

The question has been posed: If the California Supreme Court chooses to uphold Prop. 8, wouldn’t gay and lesbian couples then have the right to return to the ballot some years from now and put same-sex marriage to a vote again.

Arguing for overturning Prop. 8, lawyer Shannon Minter says the following: “Same sex couples would be put in the untenable position of doing that as constitutional outsiders. This marks them as second class citizens.”

The subject of second class citizens came up later, when lawyers arguing on behalf of marriage equality suggested the following. Tomorrow, a ballot initiative makes its way to voters saying that henceforth, men serving the California Supreme Court will be referred to as judges but women will be referred to as commissioners. Same rights -- what's the big deal, right?

The justices said they were faced with the same hypothetical with regard to race when issuing their decision to allow same-sex marriage back in 2008, saying that was then, but the constitution is "different" now.