Proposition 8 may have illegally enshrined a religious belief in California's constitution -- namely that marriage can only be between a man and a woman. That's the compelling argument made yesterday in a San Francisco Chronicle op-ed by James Brosnahan, a well-known San Francisco attorney. Money quote: "That the supporters of Proposition 8 were motivated by religious beliefs cannot be denied. Now the religious beliefs of some Californians are in our Constitution and, until overturned, govern us all whether we like it or not."
Many have expressed skepticism about Prop. 8's opponents attempts to overturn the measure in the courts. But we haven't seen this legal argument before, and it gets right to the heart of the issue. That is, the First Amendment specifically prohibits an official estabilishment of religion, which is precisely what the Prop. 8 supporters accomplished. In other words, Prop. 8, in effect, violates a constitutional bedrock -- the separation of church and state