It's on like Donky Kong!

Constant Readers,

Jessica has been one of my Best Friends for a million years and, much to my brothers' chagrin, she is a lesbian. ("Are you sure she won't go out with me?" Yeah, I'm sure, bro.) We were texting last night (she lives in Los Angeles with her longtime love, Juliet) and here's the exchange:

Jess: Oh my god!

Me: I'm crying like a little kid. I can't believe it!

Jess: I have been crying too, but over prop 8.

Damn. Here I was thinking we were talking about Obama, but I was so lost in my delirious happiness that I wasn't thinking about the monumentally deplorable fact that Prop 8 was winning, and and later won.  

And so I was relieved to see today that City Attorney Dennis Herrera has joined with others to challenge the legality of Prop 8.  The argument against Prop 8 flows from the basic principal that we don't let a majority vote change the substance of our fundamental rights. We put bureaucratic safeguards in the way to make sure a bunch people can't just get together and terrorize a protected minority.

I mean, the California Constitution doesn't say you can't terrorize a protected minority, only that you have to do it after a 2/3 vote by both the State Senate and Assembly or a constitutional convention - then you let the voters elect to take away people's rights. We're civilized like that.

So, exactly when must an amendment go through this rigmarole of legislative approval, etc.?

When the proposed change is a "revision."  

Now, unfortunately, there ain't a lot of law out there to that defines what is a "revision" as opposed to "regular old amendment."  However, in this case, when we have an amendment that will (a) eliminate a fundamental right of a defined minority, and (b) make the judiciary's rulings on equal protection subject to popular referendum from here on out - there's a pretty good argument to be made that this is exactly the kind of change that must be made to go through the grinder first.

I'll be writing more in-depth about this topic but just wanted to lay out the basics here, and say that I am so glad Therese Stewart from the City Attorney's office is back on the case!

--Melissa

Comments

[Jessica Inserra]

I would like to thank my BF, Melissa, for her unfaltering support, unwavering love, and unmitigated motherf%#&ing genius.

You are a beacon of light in my cave of misanthropy. I love you.

-Jessica (said best friend).