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Judge Moreno's Dissent
Justice Moreno was the 1 dissenting opinion, correctly stating that Prop 8 puts discrimination into the California Constitution. His last paragraph is below. We must put the repeal of Prop 8 on the November 2010 ballot and push every eligible supporter of gay marriage ages 18 to 35 to the polls, as well as all other supporters of gay marriage.
"This could not have been the intent of those who devised and enacted the initiative process. In my view, the aim of Proposition 8 and all similar initiative measures that seek to alter the California Constitution to deny a fundamental right to a group that has historically been subject to discrimination on the basis of a suspect classification, violates the essence of the equal protection clause of the California Constitution and fundamentally alters its scope and meaning. Such a change cannot be accomplished through the initiative process by a simple amendment to our Constitution enacted by a bare majority of the voters; it must be accomplished, if at all, by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons. I would therefore hold that Proposition 8 is not a lawful amendment of the California Constitution."