U.S. Supreme Court,
Constitutional Law
Jan. 11, 2013
Courts free to decide Prop. 8 issue anew if high court case dismissed
If the case is dismissed and the lower court's opinion stands, would the judgment enjoin the enforcement of Prop. 8 for anyone other than the two same-sex couples who brought the challenge to Prop. 8? Probably not.
Kris Whitten
Retired California deputy attorney general
In its order agreeing to review the federal court litigation surrounding California's limiting of marriage to opposite-sex couples (Proposition 8), the U.S. Supreme Court asked the parties to brief the question of whether the petitioners - who are the Prop. 8's proponents, not the California officials who were sued in federal district court - have standing under Article III, Section 2 of the U.S. Constitution.
That question was posed because at trial California's then-governor (Ar...For only $95 a month (the price of 2 article purchases)
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