Prop 8

Actually, Prop 8 amended to the California constitution to expressly say that marriage is the union of a man and a woman.

California law already said this when the proposition was being prepared for the ballot. It was designed to head off a court from creating a right to neutered marriage licensing. But before the vote, the state's Supreme Court ordered the neutering of marriage licensing.

There are two issues here.
1. Should state marriage licensing be changed to neuter marriage?
2. Who should decide?

Proposition 8 restored the will of THE PEOPLE of California.

http://walrus.blogtownhall.com/2008/11/02/the_case_for_prop _8.thtml

Proposition 8 DID pass. In doing so, it outlawed gay marriage.

Before the courts is the issue of whether or not Prop 8 was, effectively, a constitutional revision in contrast to a constitutional amendment. Revisions require super-majority legislative approval. The Court has heard nine such cases in the last 50 years and reversed three.

The "will of the people" is irrelevant. In this country, the judiciary is charged with the responsibility to protect minorities from the tyranny of majorities. Otherwise, interracial marriage would STILL be illegal in some locales.