About California election law and constitutional amendment procedures I know nothing. The questions seem to turn on whether Prop. 8 is an amendment or a revision of the state constitution. A ballot initiative can be used to amend but not to revise.

The state's high court has defined a constitutional revision as a fundamental change in government structure and has struck down only two initiatives as revisions. The last time was in 1991, when the court overturned provisions of a measure that would have required California courts to follow federal standards on criminal defendants' rights rather than relying on the state Constitution to grant broader rights.

Here are the arguments, boiled down to one sentence for each side:

Lawsuits to overturn the initiative contend it was a revision because it denied equal protection to a minority group and eviscerated a key constitutional guarantee. Supporters of Proposition 8 counter that it merely amended the constitution by restoring a traditional definition of marriage.

Do we have any authorities on California constitutional law in the audience who want to weigh in?

One last thing. The activists who oppose gay marriage are trying to intimidate the court:

Supporters of Proposition 8 have threatened to mount a recall of any justice who votes to overturn the measure. The court's members serve 12-year terms and appear on the ballot unopposed in retention elections.