Voters can overturn a state supreme court’s constitutional ruling by amendment.
Evidence
In In re Marriage Cases (2008), the California Supreme Court ruled that limiting marriage to opposite-sex couples violated the state constitution. In response, opponents of same-sex marriage proposed a constitutional amendment (Proposition 8) overturning the court’s ruling; and after voters approved the amendment in November 2008, the California Supreme Court in Strauss v. Horton (2009) rejected a state constitu- tional challenge to the amendment. — G. Alan Tarr, Judicial Process and Judicial…, 3356
Categorization
- XREF: Directly parallels Goodridge in Massachusetts — same court-versus-electorate dynamic in two different states. — connects to: Voter initiatives countered Grutter while the ruling still guides other states — G. Alan Tarr, Judicial Process and Judicial…, 668
- QUESTION: What exactly did Strauss v. Horton hold about the status of the ~18,000 marriages already performed before Prop 8 passed?