The Willy-Nilly Protection of the California Supreme Court

During oral hearing before the California Supreme Court, Justice Joyce L. Kennard voiced concern as to whether the court could invalidate Proposition 8 on any willy-nilly ground. While the Justice’s willy-nilly comments, and others, indicated some personal hostility to the proposition’s challengers, other of the Kennard’s questions and comments suggest that it is too early [...]

Proposition 8 may put an end to marriage in California

The California Supreme Court very well could solve Proposition 8 by ruling that state cease issuing marriage licenses and directing the State to limit civil union licenses making no mention of the word marriage.
Should the Court have the votes to set aside the purported Constitutional amendment, it will, but that it will is less than certain; especially [...]

Standing of political subdivisions to challenge Proposition 8

Supporters of Proposition 8 argue that political subdivisions of the state do not have standing to challenge constitutional amendments.
The argument raised by the Pacific Justice Institute, citing Community Television of So. Cal. v. County of Los Angeles (1975) 44 Cal.App.3d 990, misses the point of the instant litigation. 
The issue of the constitutionality of statutes limiting marriage [...]

The problem with the legal challenge to Proposition 8

Forgive one for disagreeing with the ACLU’s most recent legal challenge to California’s propostion limiting marriage to a union between a man and a woman.
The San Francisco  Chronicle reports that suit has already been filed by the ACLU and others to block Proposition 8 from taking effect. 
The suit is filed on the ground that, because [...]