The law and Prop. 8: California's Supreme Court will have to untangle two important legal questions.

In his 11/10/08 LA Times article, U.C. Berkeley Law Professor Gordon Liu says that even if it does not subtantially change the government's framework, Proposition 8 "targets a historically vulnerable group and eliminates a very important right. Changing the Constitution -- the state's paramount law -- in such a momentous way arguably calls for deliberative rather than direct democracy. Indeed, as early as the nation's founding, our constitutional tradition has favored representative democracy over simple majority rule when it comes to deciding minority rights."