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Constitutional Law

Feb. 15, 2012

Prop. 8: What will the US Supreme Court do?

The Proposition 8 ruling raises issues that the U.S. Supreme Court will likely take up. By Erwin Chemerinsky of the University of California, Irvine, School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).


In light of the 9th U.S. Circuit Court of Appeals' decision declaring Proposition 8 unconstitutional, the question everyone is asking is what will the U.S. Supreme Court do? The 9th Circuit ruled that Proposition 8 denied equal protection because it took away the right to marry from only gays and lesbians. The court concluded, in a 2-1 decision, that this discrimination based on sexual orientation violated the 14th Amendment.


Of course, there is the possibili...

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