Monday, June 23, 2008

Is the Proposed California Same-Sex Marriage Ban an Unconstitutional "Revision" by Initiative?

06/23/08 Volokh Conspiracy Blog: Relying on Raven v. Deukmejian, 52 Cal. 3d 336 (1990), UCLA School of Law Professor Eugene Volokh contends that the "proposal to allow only same-sex marriages is likely to be found to be only an amendment, not a revision. He adds that although Proposition 8 "would cut back on the scope of a state constitutional right," that result shouldn't affect this analysis, or otherwise make the amendment unconstitutional."

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