I used it as an example of a ballot proposition that would be JUST AS UNCONSTITUTIONAL as the one struck down by the 4 judges XericX complained about.
If it was that emo I'm not sure about that. I understand the gist of what you're saying though, keep it at that.
The 14th amendment says that the STATES must treat all their citizens equally. The Supreme Court struck down Michigan's affirmative action program in their college and university programs because it violated the 14th. It wouldn't have mattered if the will of the people were put to a vote to make the affirmative action program part of the state's constitution. Oh my goodness, I just used affirmative action as an analogy! NOT.