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Can Prop 8 be overturned? Yes it can.

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Unlike the marriage ban amendments in other states, which for the most part have survived legal challenge (for now), California's Proposition 8 has a very good chance of being overturned by the state Supreme Court.

Of course, all of these bans violate the equal protection clause of the 14th Amendment of the U.S. Constitution, and therefore we know that eventually they will all be overturned.  But in almost all cases, we have had no recourse in state law--after all, an amendment to the Constitution can't be ruled unconstitutional, can it?

In the case of California's Proposition 8, yes it can.  


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