This is an excellent article by Timothy Kincaid concerning the California Supreme Court and Prop. 8
The following statement in his article is what I consider a significant part of the reason why I'm optimistic that the Court will nullify the vote on Prop. 8, as it would put all minority rights up for grabs at the whim and will of the electorate:
"The Court may be viewing Proposition 8 as a challenge to the Court’s right to apply equal access and due process to unpopular minorities and pondering whether the role of the courts could be made moot by means of a “government by proposition” in which any popular – but clearly unconstitutional – position could achieve the force of law through public vote."
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