The thing is, it would never be allowed by the courts to take away rights based on race or religion. We could try it, but I doubt if the CSC would allow it and even the SCOTUS. But when it comes to GLBT folks, it's on.
Because it is a 'new' concept for most. The justices are very reluctant to override the will of the people on this particular issue. For many reasons (recall, voting them out, etc.). They brought up the CSC ruling on the death penalty and the subsequent recall of Byrd, and then a vote of the people restoring it. That was discussed at length during the hearing yesterday.
It didn't bode well for us. Again, we can make the argument that Prop 8 opens the door to take rights away from everyone, and it basically does, but the justices will never allow it to happen based on race or religion. It's open season in CA for the GLBTQI community.
