This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

California Supreme Court

Apr. 21, 2009

Taking Initiative

The California Supreme Court should not determine the fate of Proposition 8 with a decision that treats ballot initiatives as sacrosanct.

Jon B. Eisenberg

Email: jon@eisenbergappeals.com

Jon is a retired appellate attorney and the author of California Practice Guide: Civil Appeals and Writs.

Is it time for the California Supreme Court to rein in California's initiative process? I say yes - and Proposition 8, which would constitutionalize marriage discrimination against same-sex couples, is the place to do it.

As a native Californian, my earliest memory of the initiative process is Proposition 14, a 1964 ballot initiative intended to overturn the Rumford Fair Housing Act - legislation that prohibited racial discrimination in housing sales and rentals - by enshrining su...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails