Posted by Dale Carpenter:
Final exam in California constitutional law:
http://volokh.com/archives/archive_2009_05_24-2009_05_30.shtml#1243375649
Under the decision of the California Supreme Court in , would the
following change to the state constitution be an amendment or a
revision?
Reserving the official designation of the term �marriage� for the
union of opposite-sex couples of the same race, but leaving
undisturbed all of the other extremely significant substantive
aspects of an interracial couples�s state constitutional right to
establish an officially recognized and protected family
relationship and the guarantee of equal protection of the laws.
Assume, for purposes of your answer, that the state supreme court has
previously declared that the right of interracial couples to marry,
including the designation "marriage," is fundamental. Assume also that
the court has declared racial classifications invidious and thus
subject to strict judicial scrutiny.
In your answer, be sure to discuss whether the proposed change would
have a substantial or, indeed, even minimal effect on the governmental
plan or framework of California.
Do not consider whether the change would violate the federal
constitution. Also, do not discuss whether the change would be wise or
sound as a matter of policy or whether you, as an individual, believe
it should be part of the California Constitution.
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