This week, the California Supreme Court upheld Proposition 8, the constitutional amendment approved by voters last November to ban same-sex marriage.  The court refuted each claim made by supporters of same-sex marriage, and ruled unequivocally that California voters can significantly amend the state’s guiding document by the vote of a simple majority.   

While not unexpected, the court’s decision is a blow to those who view the marriage issue as one of equal rights, and equal protection under the law.  What does this decision tell us about politics and constitutional law in California, and will this battle ultimately reach the U.S. Supreme Court? 

Glenn Smith, professor of constitutional law at California Western, joins host Pam Hardy to discuss the case.