"Allowing Proposition 8 to stand would greatly limit the court’s ability to uphold the basic rights of all Californians and preclude the Legislature from performing its constitutional duty to weigh such monumental changes before they go to voters.
Treating Proposition 8 as a mere amendment would set a precedent that could allow the rights of any minority group to be diminished by a small majority. The measure passed 52 percent to 48 percent."
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