The silver lining is the ACLU's suit that the amendment initiative exceeds the boundaries of an amendment, and instead is a "revision" to the constitution. Seeing that suit win would warm the cockles of my heart. Why?
Well, "Yes on 8" burned up $40million that could have been spent by evangelicals and Mormons on other races. That's nationally significant dollars. That's more than Republican campaigns went into debt this race. Sure, "No on 8" burned up money that could have been used in other progressive campaigns, but thanks to Obama's charm and fundraising skills it wasn't needed. I would love to see all that money wasted on an initiative that was struck down.
That's not what's going to make me dance a happy dance if the courts do strike the initiative down, though. What will make me dance a happy dance is that, if the courts strike down Prop 8 on the grounds that it's a "revision" rather than an "amendment" that pretty much kills any chances future initiatives on the subject have. It raises the bar to a level that other states haven't been able to defeat, and well above the current 52% that Prop 8 could muster.
Will it happen?
I'm not going to set myself up for disappointment. That said, the courts have struck down initiatives on just these grounds; there is legal precedent.
