-In actuality that is not what the brief says. If understood correctly the argument being proposed by opponents of Proposition 8 is that because the supreme court of the state of California recognized gay-marriage as a ‘fundamental right’ [not a basic right as you state], a simple majority vote referendum could not alter the state’s constitution. It would require a 2/3rds vote of the legislature, not the electorate as you state, to change the constitution of the state. The effort of the lawsuits is to protect minority rights from the tyranny of the majority so to speak by placing a more stringent measure by which minority groups’ rights can be altered.