In their decision about the Voting Rights Act, the Supreme Court basically said that if government doesn't want them to participate, some people can be blocked from doing so. And the Proposition 8 decision said the very same thing, by declaring essentially that the people can vote in a law if they want, but won't be allowed to defend it if the government doesn't want them to.

A fair read:

http://www.motherjones.com/kevin-dru...ruling-problem

And a snippet:

The Court's reasoning does not take into account the fundamental principles or the practical dynamics of the initiative system in California, which uses this mechanism to control and to bypass public officials—the same officials who would not defend the initiative, an injury the Court now leaves unremedied. The Court's decision also has implications for the 26 other States that use an initiative or popular referendum system and which, like California, may choose to have initiative proponents stand in for the State when public officials decline to defend an initiative in litigation.

Today's GOP should be delirious about this pair of blows to democracy.