Can a simple majority strip fundamental rights from"disfavored" groups?
Americans United, Allied Groups Ask Calif. Supreme Court To Nullify Proposition 8"The brief asserts that minority rights cannot be subjected to a vote via the referendum process. Under the terms of the California Constitution, fundamental changes to the state’s governing document may be made only through a deliberative process that begins in the legislature. Because Prop. 8 undercuts the Constitution's mandate of equal rights for all, it effects a radical revision that cannot be made through a simple referendum.
The brief observes, “If Proposition 8 can strip fundamental rights from gay and lesbian people by a 52 percent majority, future amendments can strip away fundamental rights from other disfavored groups based on race, national origin, gender or religion.”
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.