The California Supreme Court again wades into the battle over same-sex marriage this month, as they consider whether to overturn Proposition 8. The constitutional amendment to ban same-sex marriage passed last year with 52% of the vote. The state high court will decide whether the measure was an unconstitutional revision of state law, as opposed to an amendment. Revisions require action by the state legislature.

Regardless of the outcome of this case, many scholars question whether it is wise to amend the state constitution with only a simple majority. In California most bond and tax measures require a supermajority to pass.  This episode of Law in 10 features host Pam Hardy in conversation with Glenn Smith, Professor of Constitutional Law at California Western and Visiting Professor of Political Science at UCSD.