Bay Area Reporter:
The opinion, written by Chief Justice Ronald George, points to the legal arguments raised in the Mulkey case, which involved Proposition 14, a state constitutional amendment, adopted in 1964, that repealed a statutory provision barring racial discrimination in the sale or rental of housing.
George wrote that the fact that the challengers in that case did not “even argue that the measure at issue should be characterized as a constitutional revision rather than as a constitutional amendment affords a realistic indication of the weakness and unprecedented nature of petitioner’s present claim” in regard to Prop 8.
But the initiative challenged in Mulkey was challenged as an unlawful amendment in a companion case, though it was struck down on federal grounds so no court ever reached the issue, explained Minter in an e-mail to the Bay Area Reporter.
