Cancel 2018. 3
<-- sched 2, MJ sched 1
The voters in CA chose to define marriage as is their prerogative under Amendment X. This has nothing to do with Amendment IV.
they do not, if such definition denies equality of law and due process for fundamental rights....
Because plaintiffs seek to exercise their fundamental
right to marry, their claim is subject to strict scrutiny.
Zablocki, 434 US at 388. That the majority of California voters
supported Proposition 8 is irrelevant, as “fundamental rights may
not be submitted to [a] vote; they depend on the outcome of no
elections.” West Virginia State Board of Education v Barnette, 319
117 US 624, 638 (1943).
p. 119
i would also note that even the proponents of prop. 8 agreed that marriage is a fundamental right....that is not in dispute