That is the problem, we need to check ballot measure before they are put up for a vote.<quoted text> If the Prop was Unconstitutional in the first place it shouldn't have been allowed in and to be Voted on in the first place. That is what the judge is saying. Calm down. It's not like we are saying you have to be one way or another, but we are saying to look at the constitution and vote on things knowing what the constitution says.
I could get the signatures of enough brown eyed people to put a measure on the ballot denying blue eyed people the right to vote.
With enough brown eyed people voting it could pass
It would be found unconstitutional ( and rightly so ) and never become law.
That is the problem with things like Prop 8, which protects no one from anything, does not defend anything, does not protect anything, does not make anything better for anyone, the only thing it does is diminish one orientation to promote another. It serves no good public purpose.