Lambda Legal just sent out an e-mail saying it is suing, on behalf of 6 couples who didn’t get married in California yet but want to, to stop the state’s Constitution from being amended to ban gay marriage, even though voters in California appear to have approved Prop 8, which would do just that.

Opponent says that  Prop 8 would amend the constitution in a substantial way — by taking a specific right away from a specific group of people. They say there is a way to make such substantial change, but that putting an amendment on the ballot by gathering signatures ain’t that way.

(And they are talking about fine legal points written into the constitution itself, not just their opinion that Prop 8 is evil.)

Anyway, they say the amendment was on the ballot illegally. And so the court must negate the vote.

They filed the same suit several weeks ago, but the court dismissed the case, basically taking a “lets-wait-and-see-if-it-passes” attitude. Now that it has apparently passed, plaintiffs say the court’s have to address the issue.

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