Andrew T Trembley

That is in fact the essence of the ACLU suit -- that equal rights guaranteed by the main part of the California Constitution (the CA Supreme Court decision stated that the right of any couple to marry was such a right) *cannot* be amended away by popular initiative. They can only be removed by *revision* of the constitution, which requires acts by both houses of the state legislature and then approval by the voters. It's a much more rigorous requirement.