feste_sylvain

Proposition 8 is passing.

Yes, it was close. But as of 6:44 PST, 94.7% of precincts have reported, and the measure is leading 52.0% to 48.0%

(Here's the county-by-county map, for however long it lasts.)

For all of you out there who are small-d democrats: this is one of the biggest drawbacks of democracy. Runaway democracy can feel legitimate about voting away some peoples' civil rights. The whole point of a constitutional democracy is that it places limits on just what the people (or their representatives) are allowed to vote on.

Of course, one thing that the people must be allowed to vote on (somehow) is the constitution itself. Most states, and the Federal government, require a super-majority to amend a constitution; California apparently does not.

And the annoying part of this is that it's a generational issue. When the elderly now are outnumbered by the elderly of the future, this stupid amendment will be repealed. As more states allow gay marriage and the sky continues to not fall, and as more people see homosexuality as normal, this amendment will look more and more like a sore thumb.

I wish it were an anachronism already, but it isn't yet. Ironically, part of the blame for this can be placed on the record turn-out at the polls: pre-election polls screened and weighted the numbers based on "likely voters", but there were far more voters than anyone considered likely. And, as it turns out, the lower-income voters who were not expected to show up were more influenced by the Mormon and Knights of Columbus ad campaign.

So California has to address two structural problems now: they need to gauge public opinion carefully before they put up yet another ballot item to repeal this discriminatory amendment; then they need to insulate their constitution better from the whims of the people.