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Ken Starr's Prop 8 Sleight of Hand?

Submitted by David Hart on Wed, 02/11/2009 - 12:07

The right wing continues to frame this inaccurately as the right of the voters to amend the state constitution.

Ken "Blue Dress" Starr represents ProtectMarriage.com -- the proponents of Proposition 8. Starr, dean of the Pepperdine University School of Law, will be making oral arguments before the California Supreme Court on March 5. Yesterday he spoke during a forum at the National Religious Broadcasters convention in Nashville, Tennessee.

"What is being argued before the California Supreme Court is: Do the people have power under the California constitution to amend the constitution so as to overturn a specific decision of the California Supreme Court? It's a very important but nonetheless different issue than the underlying constitutional issue of the right to marry someone of the same sex,"

No, Mr. Starr. Nobody has suggested that the people do not have the right to amend the Constitution of the State of California. The issue before the California Supreme Court is whether or not Proposition 8 is, in fact, a constitutional revision in contrast to an amendment to the constitution. I am reasonably certain that it is easier to win an argument that one constructs specifically for that purpose.

The more interesting question is whether or not this is irrelevant Ken-Spin or; Has Mr. Starr determined that Proposition 8 actually does revise the California Constitution?

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